McKenzie Const. Co. v. Chanowsky

BROWN, Justice.

In the year 1930, Tarrant County Water Control & Improvement District No. 1 (hereinafter called improvement district) made a contract with appellants, McKenzie Construction Company and Uvalde Construction Company, whereby said construction companies undertook to do the .concrete work in the construction of a dam for the purpose of creating an artificial lake, on the Trinity river, known as Eagle Mountain Lake.

It is undisputed that, under the contract with the owner (improvement district), the owner’s engineer was the sole judge of the quality of the materials sought to be used…