BIRDS CONST., INC. v. McKAY

No. 13-82-143-CV.

657 S.W.2d 514 (1983)

BIRDS CONSTRUCTION, INC., Appellant, v. Robert L. McKAY and Sheila McKay, Appellees.

Court of Appeals of Texas, Corpus Christi.

September 1, 1983.


Attorney(s) appearing for the Case

Nicholas V. Hile, Wiech, Fleming, Hamilton, Uribe & Hile, Brownsville, for appellant.

Brian G. Janis, William Morrow, Carinhas & Morrow, Brownsville, for appellees.

Before NYE, C.J., and YOUNG and KENNEDY, JJ.


OPINION

NYE, Chief Justice.

This is a dispute over a construction contract. Appellant contracted to build a house for appellees. The appellees were dissatisfied with the quality of several areas of the construction and, as such, were unwilling to pay the total contract price. The appellant filed and sought to foreclose upon a mechanic's lien on the property.

Appellees obtained a temporary injunction against the foreclosure. At that time, they tendered...

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