Legal Opinion

Gonzales College v. McHugh

Texas Supreme Court

Decided July 1, 1858PublishedCited by 21 opinions

Appeal from DeWitt. Tried below before Hon. F. Jones. This was an action brought in Gonzales county, (venue changed to DeWitt,) by McHugh against Gonzales College, and also against the above named appellants, who contracted as a building committee for the erection of a college building.

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Appeal from DeWitt. Tried below before Hon. F. Jones. This was an action brought in Gonzales county, (venue changed to DeWitt,) by McHugh against Gonzales College, and also against the above named appellants, who contracted as a building committee for the erection of a college building. McHugh was to complete the building, according to contract and specifications, for $7,250, and to finish the same in twelve months from the date of the contract, was also to give bond in $10,000 for performance on his part. The building committee were to pay McHugh $500 on the approval of the bond for…

1Opinion of the CourtRoberts, J.

The principal questions arise in this case upon the rulings of the Court in the exclusion of appellants’ testimony, tending to prove what was the value of the college building at the time McHugh quit work on it, and what was the quality of the work done by him ?

One of • the grounds of objection to this testimony, taken by the appellee, was that the witnesses were not stone-masons, and were therefore not compent witnesses to speak of the value or quality of such work.

*259We do not think this objection well taken; because a man from his experience and observation may be a very good judge of such…

2Cases cited1 opinion

  1. O'Connor v. HommeTexas Supreme Court · 1841

3Cited by21 opinions

  1. Graves v. Allert FuessTexas Supreme Court · 1912
  2. Freeman v. Shannon Construction, Inc.Court of Appeals of Texas · 1978
  3. Hollis v. ChapmanTexas Supreme Court · 1872
  4. Beeman v. WorrellCourt of Appeals of Texas · 1981
  5. Eberling v. VereinTexas Supreme Court · 1888

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