Taliaferro v. Warren

Appellants, plaintiffs below, sued as legal representatives of D. B. Taliaferro, deceased, and appealed from an order abating fiheir suit; appellees, defendants below, have cross-assigned error on the refusal of the court to sustain their plea of privilege. The questions presented arose in this way: The city of Tyler let a contract to D. B. Taliaferro for extensive improvements to be made on certain streets, including West Houston, on which the homestead lot of appellees abutted. The contract stipulated: “That the contractor may omit improvements in that portion of the street immediately in…