Harn v. American Mutual Building & Savings Ass'n
Texas Supreme Court
Error to the Court of Civil Appeals for the Third District, in an -appeal from McLennan County. The Building and Savings Association sued to recover of Mrs. Harn and others, and appealed from a judgment awarding plaintiff only a partial recovery. On a judgment reversing and remanding the cause, appellees obtained writ of error on the ground of conflict with previous decisions.
1Opinion of the Court
WILLIAMS, Associate Justice.
This writ of error was granted, notwithstanding the cause, after reversal, was remanded by the Court of Civil Appeals for a new trial, upon the ground that there was a conflict between the decision of that court, holding valid a provision in a building contract executed by husband and wife for the improvement of their homestead which undertook' to create a lien upon the homestead to secure an attorney’s fee of 10 per cent of the sum fixed as the value of the work and material, in case such sum should be collected by law, and the decision of the Court of Civil…
2Cases cited1 opinion
- Long v. Chicago, Rock Island & Texas Railway Co.Texas Supreme Court · 1900
3Cited by15 opinions
- Cain v. BonnerTexas Supreme Court · 1917
- Harrop v. National Loan & Investment Co. of DetroitCourt of Appeals of Texas · 1918
- Creosoted Wood Block Paving Co. v. McKayCourt of Appeals of Texas · 1919
- Cain v. BonnerCourt of Appeals of Texas · 1912
- Hufstedler v. GlennCourt of Appeals of Texas · 1935
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