Vilbig Bros., Inc. v. Leavell

DAVIS, Justice.

The opinion heretofore handed down in this cause is withdrawn and the following is substituted therefor.

Appellee’s statement of the nature and the result of this suit is found to be correct and we adopt the same with minor changes and additions. It reads as follows :

“Appellee had the general contract for the erection of a water treatment plant at Wylie, Texas, which included the construction of some streets. It sublet three phases of the work to ap*732pellant by three written subcontracts as follows:

“Subcontract 169-B for grading, excavation and earth work on a lump sum basis of…