W. L. MacAtee & Sons, Inc. v. House

This case calls for a determination of the legal effect of notice, under Art. 5452, R.S. 1925, "of a claim for material furnished a subcontractor, given when the owner was indebted to the contractor in an amount in excess of the claim, and followed by the filing and recording of proper account within 90 days from the date of furnishing the last item on material, where the contractor, after the material was furnished and before notice was served on the owner, had settled in full with the subcontractor." Quoted from Wilson v. Sherwin-Williams Paint Co.,110 Tex. 156, 217 S.W. 372.

W. L. Macatee…