Monocrete Pty. Ltd. v. Exchange Savings & Loan Ass'n

STOREY, Justice.

This appeal concerns the application of the “material injury” rule to a material-man’s removal of a concrete tile roof. The trial court, in this non-jury case, found that “the concrete roof tiles cannot be removed without substantial damage to the tiles themselves, the remaining structure, existing improvements, and the land.” It accordingly ordered that the deed of trust liens of defendant Exchange Savings & Loan were superior and that their foreclosures extinguished the materialman’s liens of plaintiff Monocrete Pty. Ltd. Plaintiff attacks the trial court’s finding on the…