Gillespie v. Williams
Court of Appeals of Texas
Appeal from District Court, Kaufman County; F. L. Hawkins, Judge. Action by George Williams against Joe R. Gillespie. Judgment for plaintiff, and defendant appeals. December 28, 1912, appellee and appellant entered into a contract whereby the former, in consideration of $8,200 to be paid to him, undertook to furnish the material and build and complete a dwelling house for the latter.
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Appeal from District Court, Kaufman County; F. L. Hawkins, Judge. Action by George Williams against Joe R. Gillespie. Judgment for plaintiff, and defendant appeals. December 28, 1912, appellee and appellant entered into a contract whereby the former, in consideration of $8,200 to be paid to him, undertook to furnish the material and build and complete a dwelling house for the latter. By this suit appellee sought to recover of appellant $548.95, which he claimed as a balance unpaid of the $8,200, and $404.08, which he claimed was due him for material furnished and work done at appellant’s…
1Opinion of the Court
WILLSON, O. J.
(after stating the facts as above). Appellant insists that the finding that he had ■ waived a right he otherwise would have had (179 S. W. 1101) to recover of appellee as liquidated damages $5 a day for each day the building remained incomplete after May 1, 1913, was not supported by testimony. As appellant did not object to the submission of the issue on the ground specified, he is not, under the authorities now to be cited, entitled to urge the contention he makes in this court. Riedel v. Wenzel, 186 S. W. 386; Traction Co. v. Rogan, 199 S. W. 1135; Milling Co. v. Glasgow, 194…
2Cases cited8 opinions
- First Texas State Ins. Co. v. BurwickCourt of Appeals of Texas · 1917
- Texas & N. O. R. Co. v. WeemsCourt of Appeals of Texas · 1916
- First Nat. Bank of Garner, Iowa v. SmithCourt of Appeals of Texas · 1916
- Ross v. MooreCourt of Appeals of Texas · 1916
- Riedel v. WenzelCourt of Appeals of Texas · 1916
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Galveston, H. & S. A. Ry. Co. v. CookCourt of Appeals of Texas · 1919