Legal Opinion

Wilson v. Sherwin-Williams Co.

Texas Supreme Court

Decided December 10, 1919No. 2673PublishedCited by 29 opinions

Error to the Court of Civil Appeals for the Fifth District, in an appeal from Dallas County. The action was commenced by the Sherwin-Williams Paint Co. against Wilson, the builder, and the Alex. Watson Const. Co. the contractor, to establish a lien for materials furnished for building. By amendment the Sherwin-Williams Co. of Texas, a local corporation became substituted as plaintiff. Personal judgment was recovered against both defendants with'foreclosure of the lien.

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Error to the Court of Civil Appeals for the Fifth District, in an appeal from Dallas County. The action was commenced by the Sherwin-Williams Paint Co. against Wilson, the builder, and the Alex. Watson Const. Co. the contractor, to establish a lien for materials furnished for building. By amendment the Sherwin-Williams Co. of Texas, a local corporation became substituted as plaintiff. Personal judgment was recovered against both defendants with'foreclosure of the lien. They appealed and on affirmance obtained writ of error.

1Opinion of the CourtJustice Greenwood

This case calls for a determination of the legal effect of notice to an owner, under article 5623, Rev. Stats., of a claim for material furnished a sub-contractor, given when the owner was indebted to the contractor in an amount in excess of the claim, and followed by the filing -and recording of proper account within ninety days from the date of furnishing the last item of material, where the contractor, after the material was furnished and before notice was served on the owner, had settled in full with the sub-contractor.

The judgments of the District Court and of the Court of Civil Appeals…

2Cases cited5 opinions

  1. Thomas Lonergan v. San Antonio Trust Co.Texas Supreme Court · 1907
  2. Missouri, Kansas & Texas Railway Co. v. MageeTexas Supreme Court · 1899
  3. Johnson v. Amarillo Improvement Co.Texas Supreme Court · 1895
  4. A. E. Fullenwider & Co. v. LongmoorTexas Supreme Court · 1889
  5. Padgitt v. Dallas Brick & Construction Co.Texas Supreme Court · 1899

3Cited by29 opinions

  1. Texas Co. v. SchriewerCourt of Appeals of Texas · 1931
  2. Stolz v. Honeycutt, Texas Court of Appeals, 14th District (Houston)2001
  3. United States v. YatesCourt of Appeals of Texas · 1947
  4. John Plath Green, Trustee of the Estate of Texas Pool Corporation, Bankrupt v. H. E. Butt FoundationCourt of Appeals for the Fifth Circuit · 1954
  5. Grube v. Nick's No. 2Court of Appeals of Texas · 1955

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