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 does not bar a suit on the bond so long as the action is filed within the one‑year period, and that the petitioner’s collateral assignment did not deprive him of standing to sue. Accordingly the trial court’s dismissal of the bond claim was reversed and the case was remanded for trial on both the bond claim and the in‑personam claim against Bluff Creek. Justice Calvert’s dissent argued that the thirty‑day provision should preclude recovery on the bond because the lien was not established within that period.