Johnson v. Amarillo Improvement Co.
Texas Supreme Court
Error to Court of Civil Appeals for Second District, in an appeal from Potter County. The contention in this case is as to the construction of the mechanic’s lien law requiring notice' of each item as furnished, and the right to a lien as between the contractors and materialmen;’ the contractors having executed their promissory note for a part of the claim of the materialmen, which was negotiated upon their indorsement and by them paid at maturity.
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Error to Court of Civil Appeals for Second District, in an appeal from Potter County. The contention in this case is as to the construction of the mechanic’s lien law requiring notice' of each item as furnished, and the right to a lien as between the contractors and materialmen;’ the contractors having executed their promissory note for a part of the claim of the materialmen, which was negotiated upon their indorsement and by them paid at maturity. The owner of the building was privy to the execution and indorsement of the note. The facts are sufficiently set out in the opinion.
1Opinion of the Court
GAINES, Chief Justice.
—The Amarillo Improvement Company, the plaintiff in the trial court, entered into a contract with Wood & Tunnell for the construction of a building-upon a lot belonging to the company, in the city of Amarillo.' Wood & Tunnell gave a bond for the faithful performance of their contract, with the plaintiff in error, W. E. Johnson, and others, as their sureties. The contractors having' failed to complete the building according to the terms of the agreement, the company took possession of the property and finished the structure. This suit was brought by the improvement…
2Cases cited5 opinions
- County of Harris v. CampbellTexas Supreme Court · 1887
- McGuire v. BidwellTexas Supreme Court · 1885
- Hamilton v. CunninghamU.S. Circuit Court for the District of Eastern Virginia · 1828
- Moore v. RiceTexas Supreme Court · 1879
- Crary v. BowersCalifornia Supreme Court · 1862
3Cited by45 opinions
- Beilharz v. IllingsworthCourt of Appeals of Texas · 1910
- McBride v. American Railway & Lighting Co.Court of Appeals of Texas · 1910
- Middlekauff v. State Banking BoardTexas Supreme Court · 1922
- Bullard v. NortonTexas Supreme Court · 1916
- Goggin v. State Nat. Bank of El PasoCourt of Appeals of Texas · 1913
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