Benson v. Ashford

We were in error in stating in our former opinion that plaintiff in error specially excepted to the petition of defendants in error in that it did not allege performance of the contract on the part of defendants in error, and that opinion is here withdrawn. We, however, overrule plaintiff in error’s motion for rehearing, believing that the judgment should be reversed for fundamental error appearing upon the record.

Defendants in error brought suit to recover on certain notes executed by plaintiff in error, and also to foreclose a mechanic’s lien which they claimed to have by virtue of an…