Spann v. King

1 Citing case

  1. Watson Co. v. Ogburn Gravel Co.

    217 S.W. 373 (Tex. 1919)

    Thereupon the American Surety Co. and the Watson Co., obtained writs of error by separate applications. Holloway Holloway, for plaintiff in error Watson Co. — Arts. 5623 and 5625 make "notice in writing of each item as the same was furnished" a condition of the lien in all cases and it was within the power of the Legislature to attach this condition when necessary to protect the contractor to the extent of payments made by him after the materials were furnished and before the notice was given. Spann v. King, 121 S.W. 207; Nichols v. Dickson, 99 Tex. 263, 268; Johnson v. Amarillo Imp. Co., 88 Tex. 505; Berry v. McAdams, 93 Tex. 431 [ 93 Tex. 431]; Constitution, art. 16, sec. 37; Revised Statutes of Texas (1914), art. 5623; Padgitt, v. Dallas Brick Constr. Co., 92 Tex. 623; Nichols v. Dixon, 99 Tex. 263. The right to a lien, under Revised Statutes, art. 5623, in favor of one furnishing material for the construction of a building upon contract with a sub-contractor does not depend upon the state of accounts between the contractor and sub-contractor at the time notice was served, but upon that between the owner and the contractor.