City of San Antonio v. McKenzie Const. Co.

This suit was brought by McKenzie Construction Company, a corporation engaged in the construction business, against the City of San Antonio and its Mayor and Commissioners, on a contract for the construction of a flood detention dam across Olmos Creek.

There have been two trials of this case in the trial court. The first trial ended in a judgment for the City of San Antonio, its mayor and other officers, against the McKenzie Construction Company, based upon an instructed verdict by the court. McKenzie Construction Company prosecuted an appeal from that judgment to this Court. This Court…