Trane Co. v. Wortham

COLEMAN, Justice.

This is an appeal from a summary judgment entered in favor of the defendant in a suit to foreclose a mechanic’s and mate-rialman’s lien. The principal question presented is whether, following the assignment of a debt incurred as specified under Article 5452, Vernon’s Ann.Civ.St., the assignor may fix and secure a mechanic’s and materialman’s lien by filing in his own name the lien affidavit as provided in said-article.

Prior to March 5, 1965, Tom Stinnett Company, a Texas corporation, entered into a subcontracting agreement with Stresdek Buildings, Inc., to install air…