374 S.W.2d 350 | Tex. App. | 1963
In appellees’ Motion for Rehearing it is stated that “The Appellant and the Court have evidently overlooked the fact'that the reason the Appellees are withholding certain moneys in the instant case is actually because of contractual provisions rather than the provisions found in Article 6674m.”
The contract between McLaughlin and the Highway Department is not in the record. Appellees, in their answer, pleaded:
“That the State Highway Department presently is retaining the sum of Eight Thousand, Eight Hundred Seventeen Dollars and Thirty-six cents (8,817-36) pursuant to the provisions of Article 6674m, Vernon’s Civil Statutes.”
We accepted this statement, appellees are bound by it.
Appellees also contend that Art. 6674m, as it read when the McLaughlin contract was made, became a part of such contract. Conceding the correctness of this contention, it is of no avail to appellees.
The motion is overruled.