Ogden v. Dickinson State Bank

ON MOTION FOR REHEARING

CAMPBELL, Justice.

The Motion for Rehearing by Dickinson State Bank is granted. The Opinion of the Court delivered January 26, 1983 is withdrawn and the following is substituted.

This is a suit by John Wallace Ogden and wife to enjoin the foreclosure of real property by Dickinson State Bank under a power of sale in a builder’s and mechanic’s lien contract. The Bank counterclaimed for recovery on the Ogdens’ promissory note and for foreclosure of the mechanic’s lien. The Ogdens then amended their petition to allege a violation of the Texas Deceptive Trade Practices Act.…