Degener v. O'Leary

FISHER, Judge,

Section B.—The appellee, J. P. O’Leary, brought this suit in the District Court of Bexar County, to recover of the appellant, Hans L. Degener, the sum of $268.80 for labor performed and material furnished in plastering a house for L. J. Gembler, which had been contracted to be performed by one Richter, who had executed a bond for its performance, with appellant as surety. The contractor having failed to complete the same, appellant undertook to do so.

Appellant alleges, that he authorized one Schatz to employ some one to complete the work for a sum not exceeding $76; that…