John F. Buckner & Sons Et Al. v. Arkansas Fuel Oil Corporation

This is a suit by a materialman to establish a lien on moneys due or to become due to a public contractor under Articles 5472a, 5472b and 5472b-1, R.C.S., Vernons Ann.Civ.St. arts. 5472a, 5472b, 5472b-1. This is the second appeal of the instant cause. See John F. Buckner & Sons v. Arkansas Fuel Oil Corp., Tex.Civ.App., 301 S.W.2d 325. Plaintiff Arkansas Fuel Oil Corporation brought this suit against John F. Buckner & Sons, W. H. Moser, and the American Bonding Company. Plaintiff alleged that Buckner & Sons were general contractors with the State Highway Department for the construction of Farm to Market Road S-722(1) and S-722(2) in Red River County; that the Buckners subcontracted a portion of said construction to the defendant Moser; that plaintiff sold and delivered to Moser $2,207.03 worth of fuel, oil, and grease for use on such projects, and such was used on such projects; that Moser defaulted in payment for same, whereupon plaintiff did everything necessary to fix a lien on moneys due the Buckners from the State Highway Department. The Buckners filed a release bond with defendant American Bonding Company as its surety and the Highway Department paid to the Buckners the amount due them as general contractors. Defendants Buckner & Sons plead a cross action against defendant Moser for the amount of any judgment which plaintiff might recover against defendants Buckner & Sons, and defendant Moser plead a cross action against defendants Buckner & Sons for any recovery granted plaintiff against defendant Moser.