Indianola Railroad v. Fryer
Texas Supreme Court
Appeal from Calhoun. Tried below before the Hon. T. C. Barden. Suit brought January 23,1872, by J. B. Fryer against the Indianola Railroad Company to recover compensation as contractor for building the road, depot grounds, wharf connections, switches, etc, and repairing that part of the road already built.
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Appeal from Calhoun. Tried below before the Hon. T. C. Barden. Suit brought January 23,1872, by J. B. Fryer against the Indianola Railroad Company to recover compensation as contractor for building the road, depot grounds, wharf connections, switches, etc, and repairing that part of the road already built. His pleadings set out the contract with the railroad company, which was made April 27, 1869, and was to the effect that Fryer was to receive a salary as engineer of §300 per month, and as contractor his compensation was to be twenty-five per cent, of the difference between the actual cost…
1Opinion of the Court
Watts, J. Com. App.
An error fundamental in character and going to the foundation of the action, though not assigned, is made manifest by the record. This suit was instituted against the Indianola Railroad Company, January 23, 1872. By amended petitions, one filed June 8, 1874, and the other January 20, 1875, it is alleged that on the 4th day of August, 1870, the legislature of the state of Texas passed an act entitled “An act to authorize the consolidation of the Indianola Railroad Company with the San Antonio & Mexican Gulf Railroad Company under the name and style of ‘The Gulf, Western…
2Cases cited1 opinion
- Stephenson v. Texas & Pacific Railway Co.Texas Supreme Court · 1874
3Cited by5 opinions
- Sugg v. SmithCourt of Appeals of Texas · 1918
- Langhorne v. Richmond Railway Co.Supreme Court of Virginia · 1895
- Gulf, Colorado & Santa Fe Railway Co. v. NewellTexas Supreme Court · 1889
- Proctor v. San Antonio Street Railway Co.Court of Appeals of Texas · 1901
- Calvert, Waco & Brazos Valley Railway Co. v. DriskillCourt of Appeals of Texas · 1903