Foxworth-Galbraith Lumber Co. v. Southwestern Contracting Corp.

McDONALD, Chief Justice.

This suit involves principally a contest between two lienholders. The case was tried without a jury, and there appears to be no substantial dispute, if any, as to the facts proved, although the parties disagree ■ as to the legal consequences of the facts proved.

The suit was filed by City National Bank in Wichita Falls, herein designated simply as bank. In its original petition it alleges in substance as follows:

That Southwestern Contracting Corporation, designated in this opinion as contractor, executed a note for $3,S00, payable to the bank, dated March 21, 1940, and…