Elliott Lumber Co. v. Mitchell
Court of Appeals of Texas
Appeal from District Court, Eastland County; Geo. L. Davenport, Judge. Suit by the Elliott Lumber Company against G. B. Mitchell, in which the Clem Lumber Company and Mrs. L. E. Mitchell, wife of the defendant, intervened.
Read the full summary
Appeal from District Court, Eastland County; Geo. L. Davenport, Judge. Suit by the Elliott Lumber Company against G. B. Mitchell, in which the Clem Lumber Company and Mrs. L. E. Mitchell, wife of the defendant, intervened. Judgment for the Clem Lumber Company against the defendant G. B. Mitchell, and that plaintiff have judgment against G. B. Mitchell for all sums paid by it in favor of the intervener Clem Lumber Company, and that defendants Mitchell and interveners take nothing under their affirmative pleas in the nature of cross-actions, and that the prayers of the plaintiff and the Clem…
1Opinion of the CourtConner, C. J.
The Elliott Lumber Company, a corporation, instituted this suit against G. B. Mitchell upon a verified account for materials and supplies, aggregating $8,060.25, furnished in the construction of an' apartment house by the defendant Mitchell in the city of Eastland. It was alleged that the material and supplies specified in the account were furnished in accordance with the terms of an agreement made by the plaintiff and defendant prior to the 28th day of January, 1920, the date upon which the first material was delivered. It was further alleged that the plaintiff had fixed a materialman’s lien…
2Cases cited9 opinions
- Spann v. Cochran & EwingTexas Supreme Court · 1885
- Archibald v. JacobsTexas Supreme Court · 1887
- Swope v. StantzenbergerTexas Supreme Court · 1883
- Pierce v. LangstonCourt of Appeals of Texas · 1917
- Ellerd v. FergusonCourt of Appeals of Texas · 1920
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Atkinson v. Jackson Bros.Court of Appeals of Texas · 1923
- Cisco N.E. R. Co. v. RicksCourt of Appeals of Texas · 1930
- Western Fire Insurance Co. v. Sanchez, Texas Court of Appeals, 12th District (Tyler)1984
- Pollack v. PollackCourt of Appeals of Texas · 1929
- In re BrooksDistrict Court, N.D. Texas · 1928
3 more not listed; retrieve them via the Exa API.