Legal Opinion

Scarborough v. Victoria Bank & Trust Co.

Court of Appeals of Texas

Decided July 16, 1952No. 12400PublishedCited by 19 opinions

1Opinion of the Court

NORVELL, Justice.

This suit involves the priority of claims based upon respective assignments executed by a building contractor, E. E. Gillen-water. Appellants likewise assert claims based upon the theory of subrogation. The facts necessary to an understanding of this opinion are as follows:

On July 6, 1949, E. E. Gillenwater, as general contractor, and Claude R. McCan, as owner, entered into a written contract whereby Gillenwater agreed to construct a guest house on the property of McCan situated near McFadden in Victoria County, Texas, for a total contract price of $17,-800. On or about…

2Cases cited8 opinions

  1. Benedict v. RatnerSupreme Court of the United States · 1925
  2. Citizens National Bank v. Texas & Pacific Railway Co.Texas Supreme Court · 1941
  3. Corn Exchange National Bank & Trust Co. v. KlauderSupreme Court of the United States · 1943
  4. O'Neil Engineering Co. v. First Nat. Bank of ParisTexas Commission of Appeals · 1920
  5. Keeran v. SalleyCourt of Appeals of Texas · 1951

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3Cited by19 opinions

  1. Corpus Christi Bank and Trust v. SmithTexas Supreme Court · 1975
  2. Peter T. Ribaudo, Trustee of Visser Plumbing and Heating Co., Inc., Bankrupt v. Citizens National Bank of OrlandoCourt of Appeals for the Fifth Circuit · 1958
  3. University State Bank v. Gifford-Hill Concrete Corp.Court of Appeals of Texas · 1968
  4. Economy Forms Corp. v. WILLIAMS BROS. CONST. CO. INC.Court of Appeals of Texas · 1988
  5. Parker Square State Bank v. Triangle Supply Co.Court of Appeals of Texas · 1963

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