F. M. Stigler, Inc. v. H.N.C. Realty Co.

AKIN, Justice.

This priority of liens case turns on whether plaintiffs’ agent’s execution of an agreement subordinating plaintiffs’ lien to that of a subsequent lien of defendant, H.N.C. Realty Company, was within the agent’s authority. The validity of the subordination agreement depends upon the language in a recorded power of attorney which expressly granted the agent the right to subordinate plaintiffs’ lien to a subsequent lien to secure advances for “improvements and construction.” Because the undisputed evidence shows that the subsequent lien was not for improvements or construction, we…