Legal Opinion

City of Sherman v. Connor & Oliver

Texas Supreme Court

Decided February 18, 1895No. 171PublishedCited by 28 opinions

Error to Court of Civil Appeals for Fifth District, in an appeal from Grayson County. The city of Sherman, a municipal corporation, organized under the general laws of the State of Texas, filed its suit in the District Court of Grayson County, alleging, in substance, that it was the owner of a tract of land, described in the petition, upon which had been constructed and placed engines and pumps, boilers, and all necessary machinery to operate a system of waterworks for said…

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Error to Court of Civil Appeals for Fifth District, in an appeal from Grayson County. The city of Sherman, a municipal corporation, organized under the general laws of the State of Texas, filed its suit in the District Court of Grayson County, alleging, in substance, that it was the owner of a tract of land, described in the petition, upon which had been constructed and placed engines and pumps, boilers, and all necessary machinery to operate a system of waterworks for said city, with divers wells, for the purpose of supplying water; in the said city was erected a standpipe, and along the…

1Opinion of the Court

DENMAN, Associate Justice.

—The record of this cause contains no statement of facts. The cause was tried before the court below without a jury. We will state such portions of the facts, found by *38the court below, as are pertinent to the questions hereinafter discussed: In 1886, plaintiff in error, the city of Sherman, and defendants in error, Connor & Oliver, entered into a written contract. By said contract Connor & Oliver obligated themselves (1) “to well and truly construct and build and finish at their own expense, furnishing all necessary labor and materials for the same, a system of…

2Cases cited1 opinion

  1. Laraway v. . PerkinsNew York Court of Appeals · 1852

3Cited by28 opinions

  1. Truly v. AustinTexas Supreme Court · 1988
  2. Colbert v. Dallas Joint Stock Land BankTexas Supreme Court · 1937
  3. Davidson v. ClearmanTexas Supreme Court · 1965
  4. United States Pipe & Foundry Co. v. City of WacoCourt of Appeals of Texas · 1936
  5. Walker & Associates Surveying, Inc. v. Roberts, Texas Court of Appeals, 6th District (Texarkana)2010

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