Harrell v. City of Lufkin

With certain supplementary statements to be made, the case is sufficiently stated in the opinion of the honorable Court of Civil Appeals (265 S. W. 179). To that court’s expression that the contract between Hadden & Austin and Shear, on the one hand, and the city, upon the other, stipulated for “alternative material” for the “waterbound macadam base,” should he added this statement: The “alternative material” had to’ he “stone” of sizes and quality equal to a standard prescribed. The statement that the city permitted “a novation in the contract” (between the builders and itself) as to the…