Barber Asphalt Paving Co. v. Loughlin

BOOKHOHT, Associate Justice.

The plaintiff below, appellant here, sued T. F. Loughlin, defendant, and alleged that on the first of October, 1902, defendant entered into the contract with plaintiff, set out in hae-c verba as follows:

“Dallas, Texas, July 17, 1902.

I, we or either of us hereby agree to pay to the Barber Asphalt Paving Company, the sum of $4.08 per front foot for the property owned by T. F. Loughlin, known as Comer Commerce and Ervay Streets, Dallas, Texas, estimated at 75 front feet, payable at Dallas, Texas, when a first-class asphalt pavement is completed by said paving company…