Texas Sanitation Co. v. Marek

NYE, Justice.

This is a damage suit based on a breach of contract. The suit was brought by F. J. Marek, hereinafter called appellee, against the Texas Sanitation Co., Inc., hereinafter referred to as appellant. Appellee owned a wood frame stucco type home in Edna, Texas. On March 5, 1959, he entered into a contract with the appellant who agreed to exterminate and control subterranean termites in the appellee’s home and to make semi-annual inspection of the premises in order to control these termites. Appellee paid the appellant $155.00 for the first extermination and inspection and agreed to…