Heldenfels Bros., Inc. v. First National Bank of Hallettsville

OPINION

UTTER, Justice.

Appellant appeals from an Order granting appellee’s Motion for Summary Judgment. The issue before us is whether as a matter of law Section 4 of Tex.Rev.Civ. Stat.Ann. art. 5472e (Vernon Supp.1982) exempts appellee from the other provisions of that article. We hold that appellee is exempted, and we therefore affirm the judgment of the trial court.

Briefly stated the facts, are as follows: appellant Heldenfels Brothers, Inc., alleged: that it delivered a quantity of hot asphalt mix to the Shiner Road Company; that the hot mix asphalt was used to improve the property of…