Texas State Fair & Dallas Exposition Ass'n v. Caruthers
Court of Appeals of Texas
Appeal from Dallas. Tried below'before Hon. B. E. Burke. 1. In order-to secure his lien, it is necessary for' the contractor for materialman to file an itemized account of his claim, supported by affidavit,- with the county clerk; and such itemized account must contain a statement of the time and place when and where the material was furnished or' labor performed, ¡together with' the items of such material or labor.
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Appeal from Dallas. Tried below'before Hon. B. E. Burke. 1. In order-to secure his lien, it is necessary for' the contractor for materialman to file an itemized account of his claim, supported by affidavit,- with the county clerk; and such itemized account must contain a statement of the time and place when and where the material was furnished or' labor performed, ¡together with' the items of such material or labor. And the requiremehts of the statute must be complied with in eveíy particular.: Phil. on Mech. Liens, secs. 350, 357, 363, 405, 441; Ferguson v. Ashbell,53 Texa's, 245; Poolv.…
1Opinion of the Court
LIGHTFOOT, Chief Justice.
This suit was brought by appellee, Samuel Caruthers, for-$2118.80, and-to* foreclose a mechanic’s lien upon certain property upon which he claimed such lien," alleging that he made his contract with the Texas State Fair and Dallas Exposition, and that said concern was reorganized under the name of the Texas State Fair and Dallas Exposition Association. Upon a trial before the court, a judgment was rendered in favor of appellee against both-corporations for his debt, and foreclosing his contractor’s lien' on certain stables and chicken coops, and the land described in…
2Cases cited3 opinions
- Pool v. Wedemeyer & SchulteTexas Supreme Court · 1882
- Matthews v. Wagenhaeuser Brewing Ass'nTexas Supreme Court · 1892
- Webb v. KogerTexas Supreme Court · 1890
3Cited by4 opinions
- Allen v. North Des Moines Methodist Episcopal ChurchSupreme Court of Iowa · 1905
- Hemphill v. GleasonCourt of Appeals of Texas · 1925
- Bryant-Link Co. v. W. H. Norris Lumber Co.Court of Appeals of Texas · 1933
- Union Indemnity Co. v. RockwellCourt of Appeals of Texas · 1931