CITY OF AUSTIN v. COTTEN

No. B-4053.

509 S.W.2d 554 (1974)

CITY OF AUSTIN, Texas, Petitioner, v. W. C. COTTEN, Jr., Respondent.

Supreme Court of Texas.

Rehearing Denied June 12, 1974.


Attorney(s) appearing for the Case

Don R. Butler, City Atty., Richard E. Tulk, Asst. City Atty., Austin, for petitioner.

Stayton, Maloney, Black, Hearne & Babb, Douglass D. Hearne, Austin, for respondent.


GREENHILL, Chief Justice.

The plaintiff, W. C. Cotten, Jr., a consulting engineer, was employed by the City of Austin to design a street improvement project. Cotten has performed his services and has been paid $37,400 by the City. In this suit, Cotten seeks additional compensation from the City.

When Cotten was first employed to design the project, he and the City entered into a written contract, prepared by Cotten, which provided that Cotten would be paid...

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