TEXAS CRUSHED STONE CO. v. NATIONAL HOUSING, ETC.

No. 12694.

562 S.W.2d 917 (1978)

TEXAS CRUSHED STONE COMPANY et al., Appellants, v. NATIONAL HOUSING INDUSTRIES, INC., et al., Appellees.

Court of Civil Appeals of Texas, Austin.

February 22, 1978.


Attorney(s) appearing for the Case

Forest D. Cook, James K. Presnal, Inc., Austin, for Texas Industries, Inc.

Karl H. Moeller, Hooper, Robinson & Moeller, Austin, for Texas Crushed Stone Co.

Scott R. Kidd, Brown, Maroney, Rose, Baker & Barber, Austin, for appellees.


SHANNON, Justice.

The issue is whether the lienholder, Glenn Hayden, was an artisan or mechanic under the terms of Tex.Rev.Civ.Stat.Ann. art. 5469, and was, therefore, entitled to a preference in a fund retained by appellees, National Housing Industries, Inc., NHI of Texas, Inc., and Equity Investors, Inc. The district court of Travis County resolved the issue in favor of Hayden and entered judgment for $5,878.10, the full amount of his claim. The judgment divided...

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