City of Dallas v. Conley, Lott, Nichols MacHinery Co.

LOONEY, Justice.

The events leading to the present controversy are these: Wood & Scurlock, contractors, agreed with the City of Dallas to construct an addition to the Dallas Technical High School building for the consideration of $155,090. Before the addition was completed, the contractors defaulted; but prior thereto, the City had paid them $40,612.50, being 90% of the value of the work completed; also retained $4,512.50, 10% of the value of the completed work, leaving unexpended $114,-477.50 of the original contract price, including the $4,512.50 retained as above mentioned. After the…