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

Summary

The Texas Supreme Court granted the Bank's motion for rehearing, reversed the lower courts, and held that the builder's lien contract gave the bank a valid lien for the contract price less the cost to complete the house, allowing foreclosure, and found no violation of the Texas Deceptive Trade Practices Act. Justice Spears dissented, arguing the contract should preclude any recovery until completion and that the Bank's actions violated the DTPA.