Sterling Nat. Bank & Trust Co. of New York v. Ellis

HALL, Chief Justice.

The appellant bank, as the transferee of a paving certificate, filed this suit to recover thereon against B. F. Ellis, Hal B. Smith, and the two corporations, Wichita Falls Building & Loan Association and Coe & Parks Lumber Company, and to foreclose the lien against lot 2 in block 34 of the Edgefield addition to the city of Amarillo.

It is alleged that a contract was entered into between the city of Amariljo and J. W. Zempter Construction Company, Inc., under which said company improved South Tyler street adjacent to said lot; that by virtue of an ordinance enacted by said…