Buck v. Acme Brick Co.

OPINION

McNICHOLAS, Justice.

This is an appeal from the trial court’s granting of appellee’s motion for summary judgment based upon the following facts, *277as set forth by appellant and agreed to by appellee:

“On March 7, 1977, John Gardner, general contractor, entered into a contract for the construction of a house for Appellants. Thereafter in May, 1977, pursuant to an oral agreement with the contractor Appellee delivered brick on two occasions to Appellants’ property. Appellee gave notice to Appellants and filed its lien affidavit within the time limit provided by law. The contractor did not pay…