Wheeler v. Marvin's, Inc.

These appeals arise from suits brought by materialmen pursuant to Code of Alabama 1975, § 35-11-218, to enforce liens against the "unpaid balance" due by a homeowner under contract.1 Following nonjury proceedings, the trial court entered judgments for the materialmen. We affirm.

On August 7, 1989, Scott and Deborah Wheeler entered into a contract with Davenport Companies, Inc., Davenport Property, Inc., Davenport Building Company, Inc., and James D. Davenport (all of whom we shall call "Davenport") for the construction of a house on the Wheelers' property in Tuscaloosa, Alabama. The original…