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WORTHAM v. TRANE COMPANY

No. B-966.

432 S.W.2d 520 (1968)

Miles F. WORTHAM, Petitioner, v. The TRANE COMPANY, Respondent.

Supreme Court of Texas.

October 2, 1968.

Attorney(s) appearing for the Case

Carl, Lee & Fisher, Houston, for petitioner.

Diamond & Torz, S. Mitchell Glassman, Houston, for respondent.

PER CURIAM.

Suit was brought by Trane Company against Stresdek Building, Inc. for debt and against Miles Wortham to foreclose a mechanic's and materialman's lien which the Trane Company claimed as the assignee of the debt of the materialman. The materialman did not fix and secure the lien until after he had assigned the debt to Trane. This case presents the question whether the assignor-materialman can file in his own name the affidavit required by Article 5452, Vernon...

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