Hulett v. West Lamar Rural High School District

In Hulett v. West Lamar Rural High School District, 149 Tex. 289, 232 S.W.2d 669 (Tex. 1950) taxpayers sued to enjoin their school district from constructing school buildings out of wood when the bonds authorized for financing of the construction called for buildings "of material other than wood". The district court denied the plaintiffs' request for a temporary injunction, and the court of appeals dismissed the appeal as moot because construction was "90 to 95 per cent complete". The Court agreed to hear the appeal because "substantial sums remained to be paid under the contract and therefore . . . the question involved was not moot." At oral argument, however, respondent showed "that the contract had been fully performed, that the buildings had been accepted by the school authorities, and that the contract price had been fully paid by the school district to the contractor." The Court therefore concluded that the case was moot.