Legal Opinion

McElwrath v. City of McGregor

Court of Appeals of Texas

Decided March 16, 1933No. 1259PublishedCited by 19 opinions

1Opinion of the Court

ALEXANDER, Justice.

In 1927 the city of McGregor entered into a written contract with F. P. McElwrath by which the latter agreed, for a certain price, to pave certain streets in the city of Mc-Gregor and to maintain the same in a proper state of repair for a period of five years. In 1931 the city of McGregor brought this suit against McElwrath and alleged that the pavement had become defective, and that he had failed and refused to repair same. The plaintiff sought damages for the breach. A trial before a jury on special issues resulted in a verdict and judgment for the plaintiff for the sum…

2Cases cited16 opinions

  1. Dermott v. JonesSupreme Court of the United States · 1865
  2. Thomas Lonergan v. San Antonio Trust Co.Texas Supreme Court · 1907
  3. Moore v. HanscomTexas Supreme Court · 1908
  4. Cameron-Hawn Realty Co. v. . City of AlbanyNew York Court of Appeals · 1913
  5. Max Lindheim & Bro. v. MuschampTexas Supreme Court · 1888

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3Cited by19 opinions

  1. Chastain v. Cooper & ReedTexas Supreme Court · 1953
  2. Nash Engineering Co. v. Marcy Realty Corp.Indiana Supreme Court · 1944
  3. New St. Anthony Hotel Co. v. PryorCourt of Appeals of Texas · 1939
  4. Allstate Insurance Company v. ClarkeCourt of Appeals of Texas · 1971
  5. King Construction Co. v. W. M. Smith Electric Co.Court of Appeals of Texas · 1961

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