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W & W FLOOR COVERING CO. v. PROJECT ACCEPTANCE CO.

No. 11463.

412 S.W.2d 379 (1967)

W & W FLOOR COVERING COMPANY, Appellant, v. PROJECT ACCEPTANCE COMPANY et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied March 15, 1967.

Attorney(s) appearing for the Case

McKay & Avery, Charlie D. Dye, Austin, for appellant.

Shefman & Starcke, Benjamin Shefman, New Braunfels, for appellees.

HUGHES, Justice.

This suit involves the validity and priority of liens against a homestead. A summary judgment was rendered from which W & W Floor Covering Company appeals. The material facts are undisputed.

On July 25, 1964, Gail M. Gafford and wife, Mary G. Gafford, entered into a contract with James A. Sterling for the construction of a residence on property owned by them, and which they intended to occupy as their homestead in San Marcos, Hays County...

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