T. D. Craddock v. R. C. Overstreet Et Al‪.‬

"T. D. Craddock was the successful bidder on a job of installing air conditioning equipment in the Houston County Courthouse. He did not enter into a written contract with the County Commissioners Court, nor did he file the performance bond and payment bond required by law. He commenced his work and R. C. Overstreet procured the issuance of a temporary restraining order stopping the work because of the absence of such contract and such bonds. A lengthy hearing was held on the application for temporary injunction. During this hearing Appellant Craddock entered into a formal written contract with the County, acting through the Commissioners Court, and filed and secured the approval of the performance bond and payment bond required by law. The Trial Court dissolved the temporary restraining order and refused to grant a temporary injunction, but provided in the judgment that the dissolution of the temporary restraining order should be superseded or suspended during the pendency of any appeal, which may be taken herefrom. The Court of Civil Appeals for the First District affirmed and the writ of error was refused by the Supreme Court with the notation, no reversible error. It was after the order of the Supreme Court became final that Appellant herein proceeded to complete his work and discharge his obligations under the contract. This suit was then filed wherein Appellant Craddock seeks to recover the damages suffered by him by reason of the years delay in his work and receiving the price therefor, which was occasionded (sic) by the delay caused by Appellees. The factual background can be better understood if the Court will here read the opinion of the Court of Civil Appeals which is reported in 356 (365) S.W.2d 409. * * * "