State v. Wilson
Texas Supreme Court
Appeal from Travis. Tried below before Hon. A. S. Walker. Appellee Wilson, as assignee of Kanmacher & Dennig, by authority of chap. 7, p. 8, Special Laws of Texas, 1887, instituted suit against the State to recover an amount claimed to be due bis said assignors by the State on a contract for building the East Texas penitentiary at Rusk. The petition sets out the special act permitting suit.
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Appeal from Travis. Tried below before Hon. A. S. Walker. Appellee Wilson, as assignee of Kanmacher & Dennig, by authority of chap. 7, p. 8, Special Laws of Texas, 1887, instituted suit against the State to recover an amount claimed to be due bis said assignors by the State on a contract for building the East Texas penitentiary at Rusk. The petition sets out the special act permitting suit. It sets out the contract between Kanmacher & Dennig and the State for the construction of the Rusk penitentiary, whereby it is alleged that the State, by its Commissioners, "agrees and promises” that the…
1Opinion of the Court
Gaines, Associate Justice.
Kanmacher & Dennig entered into a contract with the State of Texas for building its penitentiary at Rusk. According to the terms of the agreement the work was to be paid for in installments as it progressed, and the payments were to be made “by the Treasurer of the State of Texas upon warrants drawn on him- by the Comptroller.” During the years 1877, 1878 and 1879 many warrants were issued to the contractors at times when there was no money in the treasury, and were discounted with the bankers in the city of Austin, to whom they were ultimately paid by the State.…
2Cases cited8 opinions
- Clark v. City of Des MoinesSupreme Court of Iowa · 1865
- Ontario Bank v. LightbodyCourt for the Trial of Impeachments and Correction of Errors · 1834
- Foster v. ColemanCalifornia Supreme Court · 1858
- Gilman v. PeckSupreme Court of Vermont · 1839
- Wilkinson v. BabbittU.S. Circuit Court for the District of Western Missouri · 1877
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3Cited by19 opinions
- Austin Nat. Bank v. SheppardTexas Commission of Appeals · 1934
- Fort Worth Cavalry Club, Inc. v. SheppardTexas Supreme Court · 1935
- Austin National Bank v. SheppardTexas Supreme Court · 1934
- State of Texas v. Ragland Clinic-HospitalTexas Supreme Court · 1942
- Arnott v. City of SpokaneWashington Supreme Court · 1893
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