Maverick Materials, Inc. v. Kauffman

Andrews, Chief Judge.

Maverick Materials, Inc. (“Maverick”) appeals from the trial court’s order granting summary judgment to James and Nancy Kauffman on a materialman’s lien filed by Maverick against the Kauffmans’ property. For the reasons which follow, we affirm the judgment of the trial court.

In August 1994, the Kauffmans entered into a contract for the construction of a house for $182,000. The contractor abandoned the project after receiving $135,000 of the contract price. The contractor submitted an affidavit stating that only $59,928 of the total $135,000 paid was properly applied to…