[Download] "Hunt v. Southern Materials Co." by Galveston No. 12292 Court of Civil Appeals of Texas ~ Book PDF Kindle ePub Free
eBook details
- Title: Hunt v. Southern Materials Co.
- Author : Galveston No. 12292 Court of Civil Appeals of Texas
- Release Date : January 10, 1951
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
MONTEITH, Chief Justice. Appellee, Southern Materials Company, brought this action in the District Court of Brazoria County for recovery of the sum of $1,437.50 alleged to be due on a certificate of special assessment for the paving of a street in the city of Velasco in Brazoria County, Texas and for foreclosure of its alleged statutory lien on appellant's property abutting said paving, and for attorney's fees. Appellant answered by a special plea that there had been no substantial compliance with the contract for such paving and that the acceptance of the paving by the city authorities constituted a fraud perpetrated upon appellant. Appellant further alleged, in an affidavit opposing the granting of a summary judgment, that the property against which the assessment was sought was his business homestead. A summary judgment was rendered by the trial court based on appellee's allegations that appellant's pleading had raised no genuine issue as to any material fact.