McBride v. Freeman (36 S.W.2d 610, 1931)

LEVY, J.

Arch Freeman brought the suit against Robert McBride and his wife to recover on a note and for foreclosure of a mechanic’s lien. On January 7, 1926, Robert McBride and his wife entered into a written contract with A. T. lies to build and complete a house according to plans and specifications agreed upon on a certain lot in Texarkana. The consideration was to be $800 in full payment for the labor and material used. The note was drawn up for $800 and delivered to A. T. lies, payable to him or his order. The contract was duly acknowledged in the form-required by law by McBride and his wife and was filed for record on January 22, 1926. A. T. lies, failing to obtain the finances expected, by written assignment duly acknowledged, assigned the contract