Rotsky v. Kelsay Lumber Co.

Mr. Judge SPEER

delivered the opinion of the Commission of Appeals, Section B.

This case is before us on certified question from the Second Supreme Judicial District, in part as follows:

“On the 6th day of March, 1912, S. Rotsky, the owner of a lot situated in the City of Fort Worth, entered into a contract with W. M. Helm, a building contractor, by the terms of which the contractor agreed to construct a building on the lot and to furnish all material and labor necessary therefor; and as a consideration therefor the owner agreed to pay to the contractor the sum of $6,200. The contract stipulated…