Smothers v. Gawlik

HALE, Justice.

Appellee sued appellant to recover $756.14 and to foreclose a mechanic’s lien on a certain lot situated in Corpus Christi, Texas, alleging in substance that such amount was due him under a verbal contract for the erection of a quonset hut upon the premises in controversy. Appellant answered with a general denial, and by way of cross action sought damages upon allegations that appellee had breached the verbal contract between the parties by erecting the hut in such manner as to encroach upon public property.

The case was tried before a jury. In response to special issues the jury…