Carter v. South Texas Lumber Co.

GRISSOM, Chief Justice.

J. Frank Carter and wife bought some lots in Abilene, intending to construct a dwelling thereon and make it their homestead. They made a contract with Love to build the house and, on October 5, 1964, executed and delivered a note payable to him or to his order for $9,000.00, due on or before one hundred and twenty days from date. It contained the following provisions :

“This note is given in payment for the construction of certain improvements— this day contracted to be erected by Dan Love for the undersigned — ”

At the same time the Carters executed and delivered…