PHILLIPS v. LE GALLEZ

No. 3692.

329 S.W.2d 922 (1959)

Russell M. PHILLIPS et al., Appellants, v. O. B. LE GALLEZ, Appellee.

Court of Civil Appeals of Texas, Waco.

November 19, 1959.


Attorney(s) appearing for the Case

Robert E. Burroughs, Centerville, Mac L. Bennett, Jr., Normangee, for appellants.

James C. Brady, San Antonio, John D. Dashiell, Buffalo, for appellee.


WILSON, Justice.

Appellee LeGallez, a building contractor, sued appellants Phillips and Sullivans for a balance alleged to be due under a mechanic's lien contract. Phillips, as owner, executed the contract and note. Sullivan was assignee. LeGallez contracted with Phillips to add rooms to a dwelling and to construct a cafe building and service station for $24,500. This is a non-jury case.

The evidence establishes that Sullivan (who never saw Phillips before...

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