Kork Kelley, D/B/A Korkele Enigneering Production Company v. Bluff Creek Oil Company

Summary

The Texas Supreme Court held that the thirty‑day limitation in Art. 5472c applies only to suits to establish, enforce, or foreclose a lien and does not bar a suit on the bond within the one‑year period, and that the petitioner retained sufficient title to sue on the bond despite a collateral assignment; the case was remanded for trial on both the bond claim and the in‑personam claim. Justice Calvert, dissenting, argued that the thirty‑day limitation also bars recovery on the bond.