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MURCHISON v. CARUTH BUILDING SERVICE

No. 16180.

369 S.W.2d 380 (1963)

John W. MURCHISON, Jr. et ux., Appellants, v. CARUTH BUILDING SERVICE et al., Appellees.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied June 28, 1963.

Attorney(s) appearing for the Case

Bradford, Pritchard & Ashley, Dallas, for appellants.

Leslie Shults and John W. Price, Dallas, for appellees.

BATEMAN, Justice.

Appellants, husband and wife, entered into a written contract on or about April 11, 1961 with I. C. McElyea whereunder the latter agreed to construct a house on a lot owned by appellants and known as 518 Lois Lane, Richardson, Texas. The contract contained a mechanic's lien to secure payment of the contract price. Appellants brought this suit against McElyea and certain of his creditors, alleging that simultaneously with the execution of the contract...

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