Hardin v. Kellam

On Motion for Rehearing.

Appellee strenuously insists that we erred in our original opinion in holding that the lien filed by appellant on the 11th day of April, A. D. 1921, was filed within 4 months after delivery of the last item of material, and was therefore a valid lien to secure the payment of the entire indebtedness, insisting that article 5636 of the Revised Statutes does not apply, on account of the agreement to pay cash for the material as delivered. It appears from the record in the case that the Breckenridge Club was not incorporated until some time in December, 1920, and from the…