Root v. Texas Bitulithic Company

GRISSOM, Chief Justice.

Texas Bitulithic Company sought judgment against C. G. Root for the amount of a paving assessment levied by the City of Mineral Wells against Root and his property to foreclose a lien under the provisions of a paving certificate issued to plaintiff by the city. Root filed no denial but he did file a cross-action seeking $6,000 damages because the paving and curbing was constructed within two feet of his property line. The company answered the cross-action with allegations that its construction was in accord with its contract and the plans and specifications of the city…