McDaniel v. City of Beaumont

WALKER, Chief Justice.

C. H. and Howard McDaniel, appellants, were plaintiffs below, and appellee, city of Beaumont, was defendant. By their petition, appellants undertook to plead a cause of action for “extra costs” incurred by them in the erection of a high school building for defendant under the following contract:

“This agreement, made this 27th day of November, A. D. Nineteen Hundred and Twenty-Eight between McDaniel Brothers Contractors, a partnership composed of C. H. & Howard McDaniel, of Beaumont, Jefferson County, Texas, party of the first part, and the City of Beaumont, Municipal…