Kirkpatrick Concrete Co. v. Birmingham Realty Co.

MADDOX, Justice.

The issue in this case is whether a supplier of materials for the construction of a building on leased premises submitted substantial evidence that the landlord was equitably estopped from denying that the supplier has a lien on the land for the payment of the materials furnished. The trial court entered a summary judgment in favor of the landlord. We reverse and remand.

Some of the basic facts are not in dispute. Birmingham Realty Company, Inc. (“Birmingham Realty”), owned the land that is the subject of the controversy. It had leased the land for a five-year term to Walker…