Browning v. Gaster Lumber Co.

Hunstein, Justice.

Gaster Lumber Company filed a materialman’s lien on property owned by the Brownings after the contractor hired by the Brownings failed to pay for lumber Gaster supplied to the construction project on the property. The contractor abandoned the project and the Brownings completed it, expending an amount which was $26,629 less than the contract price for the project. Although the trial court found the Brownings had proven that all of their payments to the contractor were made before Gaster’s lien was filed and that at least $41,000 of the pre-lien payments ultimately reached…