First Baptist Church of Tyler v. Carlton Lumber Co.
Court of Appeals of Texas
Appeal from District Court, Smith County; R. W. Simpson, Judge. Action by the Carlton Lumber Company against tlie First Baptist Cluircli oí Tyler, Tex., and others, to foreclose a mechanic's lien. Judgment was rendered personally for the plaintiff against the contractor and for foreclosure of a lien against the building. From that part of the judgment decreeing the foreclosure, the defendants appeal.
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Appeal from District Court, Smith County; R. W. Simpson, Judge. Action by the Carlton Lumber Company against tlie First Baptist Cluircli oí Tyler, Tex., and others, to foreclose a mechanic's lien. Judgment was rendered personally for the plaintiff against the contractor and for foreclosure of a lien against the building. From that part of the judgment decreeing the foreclosure, the defendants appeal. The suit was by appellee against appellants for foreclosure of a mechanic’s lien in the sum of $2,789.93. It appears that the First Baptist Church of Tyler entered into a written contract with…
1Opinion of the CourtLevy, J.
(after stating the facts as above). [1] The appellants each requested a peremptory instruction to the jury in their favor, which was refused by the court, and this action is here assigned as error. The appellee may only recover, if at all, it is thought, upon the ground that it has a mechanic’s lien. In this respect it appears undisputed that the McGavick Construction Company, in point of fact, abandoned the work and breached the contract at a time when the building was incomplete, and the church committee, accepting the breach, and acting independently of the contract, made a distinct…
2Cases cited5 opinions
- Berry v. McAdamsTexas Supreme Court · 1900
- Medley v. American Radiator Co.Court of Appeals of Texas · 1901
- Shields v. MorrowTexas Supreme Court · 1879
- Horan v. FrankTexas Supreme Court · 1879
- Riter & Conley v. Houston Oil Refining & Manufacturing Co.Court of Appeals of Texas · 1898
3Cited by12 opinions
- First Nat. Bank of Paris v. Lyon-Gray Lumber Co.Court of Appeals of Texas · 1917
- Ralph M. Parsons Co. v. South Coast Supply Co. (In Re a & M Operating Co.)District Court, E.D. Texas · 1995
- Aetna Casualty & Surety Co. v. Robertson Lumber Co.Court of Appeals of Texas · 1928
- Gordon-Jones Const. Co. v. WelderCourt of Appeals of Texas · 1918
- Gay v. Acme Brick Co.Court of Appeals of Texas · 1929
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