Mathews Construction Co. v. Jasper Housing Construction Co.

STEPHENSON, Justice.

Mathews Construction Company, Inc., brought this action against Jasper Housing Construction Company (Jasper Housing), New Homes, Inc. (New Homes) and Fireman’s Insurance Company (Fireman’s). The pleadings sought recovery for labor and materials furnished, interest on bank loans, and attorneys’ fees. This appeal is from an order granting motions for summary judgment filed by all three defendants.

*325The summary judgment proof shows plaintiff was paid $11,517.50 by Jasper Housing after this suit was filed, leaving the interest and attorneys’ fees as the only money sought to be…