Burch v. B. N. Nabors Excavating & Demolition, Inc.

OPINION

MASSEY, Chief Justice.

The question to be determined on appeal, simply stated, is whether the City of Den-ton, hereinafter termed defendant, rightfully received the summary judgment obtained, granting declaratory relief against J. C. Burch and R. B. Shannon, hereinafter termed plaintiffs. We have concluded that the summary judgment received by the aforesaid city is to be affirmed.

In 1925 defendant’s predecessor in title desired to build a brick building in Denton, one wall of which would extend beyond the property line of its lot. To do so a contract was made with the predecessors of…