FIDELITY SAVINGS & L. ASS'N OF PORT ARTHUR v. BALDWIN

No. 6889.

416 S.W.2d 482 (1967)

FIDELITY SAVINGS & LOAN ASSOCIATION OF PORT ARTHUR, Appellant, v. Howard Lyle BALDWIN et ux, Appellee.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied June 21, 1967.


Attorney(s) appearing for the Case

Tom Featherston, Port Arthur, for appellant.

Herbert A. Plummer, Port Arthur, for appellee.


STEPHENSON, Justice.

This is an action to enjoin foreclosure of a mechanics' and materialmen's lien. Trial was before the court and judgment was rendered for plaintiffs granting such injunction. The parties will be referred to here as they were in the trial court.

The facts in this case are not disputed. Howard Lyle Baldwin and wife, plaintiffs, entered into a mechanics' and materialmen's lien contract with Diamond Enterprises, Inc., hereinafter called "Diamond...

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