Waldroff v. Scott
Texas Supreme Court
Appeal from Harrison. Tried below before the Hon. M_ D. Ector. Orville Waldroff and James Leary brought suit against 5. T. Scott for $159, with interest, alleging, that in October, 1878, they erected the basement story of a dwelling-house for defendant in Harrison county, on which they used material and bestowed labor, which they specified.
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Appeal from Harrison. Tried below before the Hon. M_ D. Ector. Orville Waldroff and James Leary brought suit against 5. T. Scott for $159, with interest, alleging, that in October, 1878, they erected the basement story of a dwelling-house for defendant in Harrison county, on which they used material and bestowed labor, which they specified. They alleged that on the 15th day of November, 1873, they filed with the clerk of the District Court of Harrison county their account against the defendant for said sum of money, with what is designated as a contract, which was made an exhibit. The exhibit…
1Opinion of the Court
Roberts, Chief Justice.
It is contended by counsel for the appellants that the court erred in refusing to give the charge asked for by the appellants, the object and purport of , which was to secure them a mechanics’ lien, under the law of 1871, whether or not they proved to the satisfaction of the jury that Scott had become bound by contract with them to pay what they were entitled to, under their contract with the contractor Green, for their labor done on Scott’s house.
The act provides, amongst other things, that a mechanic who may labor in the erection of a house improvement, shall have a…
2Cases cited2 opinions
- Byler v. JohnsonTexas Supreme Court · 1876
- Preston v. BreedloveTexas Supreme Court · 1876
3Cited by8 opinions
- Pool v. SanfordTexas Supreme Court · 1880
- Shields v. MorrowTexas Supreme Court · 1879
- Brown v. WebbCourt of Appeals of Texas · 1928
- E. T. R. R. Co. v. DavisCourt of Appeals of Texas · 1904
- Eastern Texas Railroad v. DavisCourt of Appeals of Texas · 1904
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