Brewer v. Gray

JONES, Chief Justice.

The former opinion in this case, delivered January 30, 1937, and filed February 1, 1937, is withdrawn and this opinion substituted in lieu thereof. On motion for rehearing, appellant has called our attention to the fact that we were in error in stating that appellant executed a mechanic’s lien contract in the instant case, and as the former opinion adopted the statement of the case of Davis v. Gray (Tex.Civ.App.) 103 S.W.(2d) 999, decided at the same time, which opinion was based upon the existence of a mechanic’s lien contract, the reasoning in the Davis Case is not…