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HERRINGTON v. LUCE

No. 679.

491 S.W.2d 478 (1973)

Harry HERRINGTON, d/b/a Palestine Ready-Mix Concrete Company, Appellant, v. Tommy L. LUCE et al., Appellees.

Court of Civil Appeals of Texas, Tyler.

February 15, 1973.

Attorney(s) appearing for the Case

John O. Davis, Palestine, for appellant.

Franklin C. Williams, Palestine, for appellees.

MOORE, Justice.

Plaintiffs, Tommy L. Luce and wife, Carolyn Luce, sued defendant, Roy Dancer, to remove a cloud on the title to their homestead created by a mechanic's and materialman's lien contract between plaintiffs as owners and Roy Dancer as contractor. In answer to the suit Dancer admitted the execution of the mechanic's lien contract, but denied the validity thereof, alleging that the same was executed by him merely as an accommodation to plaintiffs to assist...

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