Uvalde Asphalt Paving Co. v. Central Union Stock Yards Co.

The opinion of the court was delivered by

Garrison, J.

In this case the action is brought by a paving company to recover from the defendant the balance of the price of certain work executed under a contract between them. The work consisted in the paving of the defendant’s stock yard. The defences were that the certificate of the defendant’s engineer was not obtained as required by the contract, that it was not waived, and that the work was not substantially performed by the plaintiff or accepted by the defendant. With respect to the engineer’s certificate the contract contained these…