August v. Gamer Co.
August v. Gamer Co.
Opinion of the Court
Charles Gamer, doing business as the “Gamer Company,” sued Burke & Reilly, and A. & L. August, alleged to be a firm composed of L. August and appellant A. August. As against Burke & Reilly, appellee sought to recover $1,949.86, which he alleged they owed to him for material he had furnished to them to enable them as subcontractors to comply with their contract to furnish the material therefor and install a heating plant and certain plumbing in a building then being constructed by contractors H. L. Stevens & Co. for “A. & L. August and A. August and L. August” on a lot in Ft. Worth owned by “A. & L. August and said A. August and L. August.” As against A. & L. August and A. August and L. August, appellee sought to establish and foreclose a materialman’s lien he claimed against the building and lot owned by them to secure the payment of the sum due to him from Burke & Reilly. Other persons than those named above were parties to the suit, but as their rights are' not involved in the appeal, which is prosecuted by appellant alone against ap-pellee alone, it is not necessary to further refer to them. In the absence of a statement of facts, we assume that the findings in the record were supported by evidence. Those findings authorized the judgment rendered in appellee’s favor against Burke & Reilly for $2,115.61, and in his favor against appellant, establishing and foreclosing the lien asserted by appellee against the lot and improvements thereon owned by appellant, to satisfy $2,061.36 of the sum,found in appel-lee’s favor against Burke & Reilly.
The judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.