Montes v. Naismith and Trevino Construction Co.

OPINION

SHARPE, Justice.

This suit was brought by appellee, Naismith and Trevino, a corporation, to re cover $3835.36 for labor performed and materials furnished on the homestead of appellant Abraham Montes (sometimes referred to as Abe Montez), for attorney’s fees and foreclosure of lien. After non-jury trial, judgment was rendered for ap-pellee in the amount of $1760.00 expressly based upon quantum meruit plus attorney’s fees of $550.00. Appellee waived its claim for foreclosure of lien because it was undisputed that no written contract had been entered into prior to furnishing of the labor…