Court of Appeals of Texas February 26, 1915, No. 1363. (First Baptist Church of Tyler v. Carlton Lumber Co.)

LEVY, J.

(after stating the facts as above). [1] The appellants each requested a peremptory instruction to the jury in their favor, which was refused by the court, and this action is here assigned as error. The appellee may only recover, if at all, it is thought, upon the ground that it has a mechanic’s lien.