Legal Opinion

King v. Hardin Lumber Co.

Court of Appeals of Texas

Decided May 25, 1916No. 594PublishedCited by 5 opinions

Appeal from Harris County Court; Clark C. Wren, Judge. Action by the Hardin Lumber Company against I. H. King and others. From a judgment for plaintiff, defendants appeal.

1Opinion of the Court

Statement of Case.

HIGGINS, J.

By contract dated June 13, 1914, I. H. King agreed with H. R. Byars, B. L. Vineyard, and John G. Logue, owners, to remodel a building. King was to furnish all material and labor, for which the owners were to pay him $6,925. This sum was payable to King as follows:

“Such an amount every Saturday morning during the progress of the work as is estimated by the architects to be the amount of the pay roll then owing by the contractor for said week and in addition thereto forty (40) per cent, of the amount of the plumbing contract, when said plumbing work has been roughed…

2Cases cited2 opinions

  1. Ginners' Mut. Underwriters of San Angelo v. WileyCourt of Appeals of Texas · 1912
  2. Youngberg v. El Paso Brick CompanyCourt of Appeals of Texas · 1913

3Cited by5 opinions

  1. Globe Indemnity Co. v. West Texas Lumber Co.Court of Appeals of Texas · 1930
  2. General Excavator Co. v. JudkinsOhio Supreme Court · 1934
  3. Martin v. BarclaysAmerican/Leasing, Inc. (In Re Martin)United States Bankruptcy Court, N.D. Texas · 1990
  4. Bush v. GholsonCourt of Appeals of Texas · 1925
  5. Leeper-Curd Lumber Co. v. BarbuzzaCourt of Appeals of Texas · 1919

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