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JOHNSON ENGINEERS, INC. v. TRI-WATER SUPPLY CORP.

No. 8678.

582 S.W.2d 555 (1979)

JOHNSON ENGINEERS, INC., Appellant, v. TRI-WATER SUPPLY CORPORATION, Appellee.

Court of Civil Appeals of Texas, Texarkana.

May 15, 1979.

Attorney(s) appearing for the Case

Terry M. Thorn, Paxton, Whitaker & Parsons, Palestine, for appellant.

Bascom Perkins, Perkins & Perkins, Mt. Pleasant, for appellee.

HUTCHINSON, Justice.

This is a suit for payment under a construction contract. Appellant, Johnson Engineers, Inc., contracted to construct a water distribution system for appellee, TriWater Supply Corporation, in Titus and Franklin Counties. Upon the completion of the contract, appellant demanded the final payment and upon appellee's refusal instituted this suit. As an offset, appellee plead the provisions of the contract that provided for liquidated damages in the...

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