Houston Lumber Supply Company v. Wockenfuss

COLEMAN, Justice.

This is a suit to cancel and enjoin enforcement of a promissory note together with the deed of trust and mechanics’ lien securing it. The defendants in the trial court, filed a cross-action for the balance due on the note and judicial foreclosure of the liens1 securing same, and, in the alternative, for recovery in quantum meruit of the market value of the improvements constructed on plaintiffs’ lot. Judgment was entered based on the verdict of a jury cancelling the note, deed of trust and mechanics’ lien and adjudging that the defendants take nothing on the cross-action.

The…