White v. Dozier Const. Co.

BLAIR, Justice.

Appellee, Dozier Construction Company,, sued appellants, A. E. White and his wife,. Ellen White, to recover the balance due for paving the street abutting, their property,, and to foreclose a mechanic’s lien on said property securing the debt; and on the trial to the court without a jury recovered judgment as prayed; hence this appeal.

The facts showed that, the city of Little-field, acting under article 1105b, Vernon’s-Ann. Civ. St., Acts 1927 (1st -Called Sess.) c. IOC, contracted with appellee to pave certain of its streets, including the one abutting appellants’ property,…