Van Calvert & Co. v. McKinney

Decided July 1, 1882

Texas Commission of Appeals · decided 1882-07-01

Opinion by Delaney, J. Statement.— This suit was filed June 30,1875, by appellants against Thomas P. Atkinson and Peter W. Walton, Jr., late partners under the firm name and style of T. P. Atkinson & Co., alleging that on the 31st of October, 1874, plaintiffs sold to said firm a quantity of paints to be used upon their hotel in the town of Plano, in Collin county, known as the Durand Hotel, and that the paints so furnished- were so used by said firm.

Decided 1882-07-01

¶1Opinion.—It appears from the brief of appellants that the court below sustained the demurrer upon two grounds: 1. That appellants do not come within the description of persons to whom the lien is given by the act of November 17, 1871. P. D., art. 7112. 2. That the McKinneys and Travis purchased before the li„en was fixed; that they were innocent purchasers, and as to them the lien has no effect.

¶2Both these questions seem to be decided adversely to this view in the cases of Gaylord v. Loughridge and Huck v. Gaylord, 50 Tex., 573 and 578.

¶3Reversed and remanded.