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CITY OF SAN ANTONIO v. HEATH & STICH, INC.

No. 5827.

567 S.W.2d 56 (1978)

CITY OF SAN ANTONIO, Appellant, v. HEATH & STICH, INC., Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied June 15, 1978.

Attorney(s) appearing for the Case

Jackson C. Hubbard, Asst. City Atty., James M. Parker, City Atty., San Antonio, for appellant.

Roy L. White, Roy C. Brock, Brock, Bingham & Person, San Antonio, for appellee.

OPINION

JAMES, Justice.

This case involves the construction of a written contract. Plaintiff-Appellee Heath and Stich, Inc., (hereinafter called "Contractor"), brought this suit against Defendant-Appellant City of San Antonio for specific performance of a public works contract calling for construction of a project known as "Nogalitos Storm Drainage Project No. 42." The contract, dated April 14, 1975, by definition consisted of the contract instrument proper...

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