Frymire Engineering Co. v. City of Mesquite

McDONALD, Chief Justice.

This is an appeal from a summary judgment rendered by the Trial Court that plaintiffs (appellants) Frymire Engineering Company and William Weston take nothing from defendants (appellees) City of Mesquite and American Automobile Insurance Company.

The City of Mesquite contracted with Caplan & Miller for Caplan & Miller to build a fire station for the City for $94,250, according to certain plans and specifications. On 10 March, 1958 Caplan & Miller defaulted on the contract. On such date Caplan & Miller had been paid a total of $74,931 on such contract by the City and the…