Legal Opinion

Horan v. Frank

Texas Supreme Court

Decided July 1, 1879PublishedCited by 13 opinions

Appeal from Bexar. Tried below before the Hon. G. H. Noonan. In the spring of 1877, A. B. Frank and M. Goldfrank, members of the commercial firm of Goldfrank, Frank & Co., purchased from Joseph Lauda a lot of ground in the city of San Antonio.

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Appeal from Bexar. Tried below before the Hon. G. H. Noonan. In the spring of 1877, A. B. Frank and M. Goldfrank, members of the commercial firm of Goldfrank, Frank & Co., purchased from Joseph Lauda a lot of ground in the city of San Antonio. On the 11th of July, Goldfrank, Frank & Co., of which firm A. B. Frank and M. Goldfrank were the active and resident partners, made a written contract with Benjamin Hyatt and John F. Hinman, a building firm in business under the style of Hyatt & Hinman, to erect for them a block of three stores, extending from street to street and entirely covering a…

1Opinion of the Court

Bonner, Associate Justice.

The material question in this case is this: Is a sub-contractor, under the Constitution of 1876 and the act of August 7,1876, in pursuance thereof) providing and regulating mechanics’ liens, entitled to such lien on the property for the amount due him by the principal contractor, the owner of the property not having been a party to their contract ?

' Section 37 of article 16 of the Constitution of 1876 provides as follows: “ Mechanics, artisans, and material-men, of every class, shall have a lien upon the buildings and articles made or repaired by them for the value…

2Cited by13 opinions

  1. County of Harris v. CampbellTexas Supreme Court · 1887
  2. Berry v. McAdamsTexas Supreme Court · 1900
  3. Pool v. SanfordTexas Supreme Court · 1880
  4. First Nat. Bank of Paris v. Lyon-Gray Lumber Co.Court of Appeals of Texas · 1917
  5. Ralph M. Parsons Co. v. South Coast Supply Co. (In Re a & M Operating Co.)District Court, E.D. Texas · 1995

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