HOUSTON LUMBER SUPPLY COMPANY v. WOCKENFUSS

No. 14408.

386 S.W.2d 330 (1965)

The HOUSTON LUMBER SUPPLY COMPANY et al., Appellants, v. Leo WOCKENFUSS et ux., Appellees.

Court of Civil Appeals of Texas, Houston.

Rehearing Denied February 4, 1965.


Attorney(s) appearing for the Case

Charles M. Leftwich, Sidney Farr, Houston, Barrow, Bland, Rehmet & Singleton, Houston, of counsel, for appellants.

Tom Alexander, Pearson Grimes, Houston, Butler, Binion, Rice & Cook, Houston, of counsel, for appellees.


COLEMAN, Justice.

This is a suit to cancel and enjoin enforcement of a promissory note together with the deed of trust and mechanics' lien securing it. The defendants in the trial court filed a cross-action for the balance due on the note and judicial foreclosure of the liens securing same, and, in the alternative, for recovery in quantum meruit of the market value of the improvements constructed on plaintiffs' lot. Judgment was entered based on the verdict of a jury...

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