Butler v. Tyer

WALTHALL, J.-

This suit was originally instituted by W. A. Tyer, defendant' in error, against J. E. Butler, plaintiff in error, and James A. Oarrigan, to recover a balance alleged to be due upon a contract in writing between said Butler and Tyer, of date March 17, 1919, in which contract Tyer agreed to furnish all material, labor, etc., and erect a second story on what was known as the J. E. Butler drug store building in Eastland, for the consideration of $6,000, which sum Butler agreed to pay as follows: Material bills as the material for the building arrives, and 80 per cent, of the cost of…