Loonie v. Frank

Citations

• 51 Tex. 406

Syllabus

<p>1. Sub-contractor.—Under the act of August 7, 1876, (Laws 15th Leg., 91,) a sub-contractor had the right to deliver to the owner of property being improved an attested account of the amount due him from the principal contractor, and thus fix a personal liability from the owner to him for the amount of his account, provided it did not exceed the amount due from the owner to the principal contractor.</p> <p>2. Mechanic’s lien.—Such sub-contractor, under said act, was not entitled to a mechanic’s lien on the property improved.</p> <p>3. Pleading—Evidence.—In a suit against the owner of property by a sub-contractor for its improvement, evidence that the owner expressly promised to reserve the amount of the sub-contractor’s claim in his settlement with the original contractor, cannot be admitted in the absence of an allegation in the pleading presenting- that issue.</p>