John Wallace Ogden, Petitioners/cross-Respondents v. Dickinson State Bank, Respondent/cross-Petitioner

Summary

The Texas Supreme Court reversed the trial court and appellate court judgments, holding that Dickinson State Bank was entitled to enforce its mechanic's lien and foreclose on the Ogdens' property, and that such foreclosure did not violate the Texas Deceptive Trade Practices Act. The Court also held that the Bank could recover on the promissory note to the extent secured by the lien. Justice Spears dissented, arguing that the contract should be interpreted to preclude the Bank's recovery and that the DTPA and UCC prohibit the Bank's actions.