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action agreed agreement alleged amount appeared applied authority Bank building caused charge claim clause condition considered constitutional construction contract contractor corporation court cover crop damages decision decree defendant destroyed destruction difference directors duty effect equity evidence exemption exercise existence fact filed fire fixing furnished granted ground held holding injunction injury interest invalid involved judgment jurisdiction jury land liability lien limit loss materials matter measure ment mortgage negligence notice officers operation opinion owner parties performance plaintiff premises present protect provision public policy question railroad reason received relation relief respect result rule salary separate statute stipulation supra Teleg Tex Civ App tion tract trial union United valid vote Western