Larkin v. Pruett Lumber Co.
Court of Appeals of Texas
Appeal from District Court, Ward County; Chas. Gibbs, Judge. Suit by the Pruett Lumber Company against H. J. Larkin, G. W. Tom, and F. O. Aiken. From a judgment in favor of plaintiff, Tom and Aiken appeal.
1Opinion of the Court
Statement of Case.
HIGGINS, J.
On July 17, 1916, H. J. Larkin, contractor, entered into a written contract with common school district No. 1, of Bars tow, Tex., owner, whereby the contractor agreed to construct and complete a school building. The owner agreed to pay the contractor $15,249 on certificates of the superintendent from time to time as the work progressed, to wit, 80 per cent, of the estimated value of the same, estimated upon material furnished and labor performed, payments to be made every 15 days. It was provided in the contract that 20 per cent, of the contract price was to be…
2Cases cited1 opinion
- Bullard v. NortonTexas Supreme Court · 1916
3Cited by9 opinions
- Old Colony Insurance Company v. City of QuitmanTexas Supreme Court · 1961
- Wood v. BarnesCourt of Appeals of Texas · 1967
- Cooper v. H. H. Hardin & Co.Court of Appeals of Texas · 1920
- Wood v. State Ex Rel. LeeCourt of Appeals of Texas · 1938
- Ætna Casualty & Surety Co. v. RussellCourt of Appeals of Texas · 1929
4 more not listed; retrieve them via the Exa API.