Brown & Root v. Durland

Mr. Judge GERMAN

delivered the opinion of the Commission of Appeals, Section A.

For the purpose of answering the question certified in this cause, we make the following statement of undisputed facts:

Brown & Root, Inc., apparently had a contract with the State Highway Commission for the construction of a public highway in Edwards County, Texas. Burland asserted a claim against the contractor for which he claimed a lien upon the “moneys, or bonds, or warrants due or to become due to such contractor for improvement,” as provided by Article 5472a of the Revised Statutes of 1925. He notified the…