Fidelity Savings & Loan Ass'n of Port Arthur v. Baldwin

STEPHENSON, Justice.

This is an action to enjoin foreclosure of a mechanics’ and materialmen’s lien. Trial was before the court and judgment was rendered for plaintiffs granting such injunction. The parties will be referred to here as they were in the trial court.

The facts in this case are not disputed. Howard Lyle Baldwin and wife, plaintiffs, entered into a mechanics’ and materialmen’s lien contract with Diamond Enterprises, Inc., hereinafter called “Diamond”, for the construction of a home. Such contract recited the payment of $1,000.00 down and the balance of $15,000.00 payable upon…