Court of Appeals of Texas February 5, 1965, No. 16462 (Robert W. Payne Co. v. J. W. Hill Construction)

BATEMAN, Justice.

The appellant Robert W. Payne Company, as general contractor, was building an apartment building in San Antonio, Texas. Its *94superintendent in charge of the work was S. W. Shelton. Purporting to act for appellant, Shelton entered into a written subcontract with appellee J. W. Hill Construction whereby the latter agreed, for a consideration of $2,397.