Griffin v. Holiday Inns of America

(dissenting).

This dissent is respectfully submitted.

Leon Griffin brought his first suit to recover the balance claimed to be owing under the contract and for foreclosure of an alleged mechanic’s and materialman’s lien against Holiday Inns of America. Holiday Inns filed a cross action to recover damages from Griffin for breach of contract. The trial court rendered judgment that both Griffin and Holiday Inns take nothing. The court of civil appeals affirmed on the basis of its holdings: (1) that the evidence supported an implied finding that Leon Griffin had failed to substantially perform his…