McNeal v. City of Waco
Texas Supreme Court
Error to Court of Civil Appeals for Third District, in an appeal from McLennan County. McNeil sued the city of Waco, upon a contract to construct four cisterns for fire protection, to recover the contract price for one which he; had built and damages for refusing to allow him to complete his contract.
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Error to Court of Civil Appeals for Third District, in an appeal from McLennan County. McNeil sued the city of Waco, upon a contract to construct four cisterns for fire protection, to recover the contract price for one which he; had built and damages for refusing to allow him to complete his contract. He recovered judgment and, the city appealing, this was reversed and remanded by the Court of Civil Appeals; whereupon he obtained a writ of error affirming that the decision practically settled the case.
1Opinion of the Court
DENMAN, Associate Justice.
Plaintiff in error filed his petition in the court below alleging, in substance: that on the 7th day of March, 1888, he entered into a contract with the city of Waco, whereby he agreed to furnish all material and build for said city, for the fire protection of the same, seven underground cisterns of brick and cement mortar, each cistern to be in the form of a cylinder laid on its side, thirty feet long and twenty feet in diameter, the wralls to be eight inches in thickness and the top to come to a point two feet below the street grade, “with a two foot neck in…
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