BANKS v. GUMM

No. 4013.

360 S.W.2d 836 (1962)

W. W. BANKS et ux., Appellants, v. J. C. GUMM, d/b/a J. C. Gumm Tile Company, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied October 18, 1962.


Attorney(s) appearing for the Case

Jay S. Fichtner, Dallas, for appellants.

Leonard E. Hoffman, Jr., Dallas, for appellee.


WILSON, Justice.

Appellee Gumm, a tile contractor, recovered judgment against Mr. and Mrs. Banks for the value of material and labor furnished for improvements to their dwelling. Findings and conclusions were filed.

Appellants urge no recovery could be had because the improvements were to their homestead. There is no pleading raising this question. The only evidence is that they occupied the property. If it was ...

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