Martin v. Roberts

Citations

• 57 Tex. 564
• 1882 Tex. LEXIS 180

Syllabus

<p>1. Mechanic’s lien — Contracts either verbal or written.—For the purposes of registration the statute divides contracts, out of which a mechanic’s lien arises by law, into two classes — verbal and written.</p> <p>2. Written contract—Signature of.—A contract is written when all of its terms are in writing, and the instrument is orally accepted by both parties, though signed only by one.</p> <p>3. Same — Bond.—A bond embodying all the terms of the contract, and conditioned for its faithful performance on the part of the mechanic, signed only by him and his sureties, but accepted and acted on by both parties, is a written contract, and if duly recorded, fixes the mechanic’s lien.</p> <p>4. Record of contract — Specifications.— The omission, in the record of such a bond, of some of the specifications appended to it, is immaterial.</p> <p>5. Express lien.— If the written contract recites that the mechanic’s lien is reserved on a building, it seems that it would show an express lien by contract, independent of the mechanic’s lien which the law creates, when its terms are complied with.</p>