Cantu v. Bage

KEITH, Justice.

The appeal is from a summary judgment entered in favor of the defendant in a suit for damages based upon an alleged breach of a contract for the construction of a home, and we will refer to the parties as they appeared in the trial court. It appears from our record that the parties entered into an earnest money contract whereby the defendant was to build a home. for the plaintiffs; and subsequently, a mechanic’s lien contract was executed by the plaintiffs, but was not recorded. A dispute arose between the parties and plaintiffs filed two suits upon the same date. One, which we…