Lexcon, Inc. v. Gray

DEVANY, Justice.

This is an appeal from a judgment resulting from a consolidation of two separate suits. Of the original parties, only Lexcon, Inc., appellant, and Roofing Wholesale Company, Inc., appellee, are parties to this appeal.

Lexcon contracted to build a motel project in Duncanville, Texas. A portion of the contract was subcontracted to Gray Roofing who purchased materials from Roofing Wholesale. Gray Roofing failed to pay for all the materials it purchased and Roofing Wholesale sought recovery on its open account from Gray Roofing, and foreclosure of its materialman’s lien which it…