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F. M. STIGLER, INC. v. H.N.C. REALTY CO.

No. 19815.

595 S.W.2d 158 (1980)

F. M. STIGLER, INC., et al., Appellants, v. H.N.C. REALTY COMPANY and Southwest Title Company, Appellees.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied February 26, 1980.

Attorney(s) appearing for the Case

Robert S. Addison, Hugh L. Steger, Frederick A. Addison, III, Storey, Armstrong, Steger & Martin, Dallas, for appellants.

Jim E. Cowles, R. Brent Cooper, Cowles, Sorrells, Patterson & Thompson, Dallas, for appellee, Southwest Title Co.

Eugene J. Pitman, DeLange, Hudspeth, Pitman & Katz, Houston, for appellee, H.N.C. Realty Co.

Before AKIN, STOREY and HUMPHREYS, JJ.

AKIN, Justice.

This priority of liens case turns on whether plaintiffs' agent's execution of an agreement subordinating plaintiffs' lien to that of a subsequent lien of defendant, H.N.C. Realty Company, was within the agent's authority. The validity of the subordination agreement depends upon the language in a recorded power of attorney which expressly granted the agent the right to subordinate plaintiffs' lien to a subsequent lien to secure advances for "improvements...

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