Dallas Building Material, Inc. v. Smith

Deen, Presiding Judge.

Dallas Building Material, Inc., filed a complaint against Robert D. Winiarczyk, a homeowner, and Roy Smith, a contractor, seeking to foreclose upon a materialman’s lien which was filed against Winiarczyk’s home. Dallas Building Material alleged that it sold materials to Roy Smith, d/b/a RAS Contractors, in the amount of $11,157.66 for the improvement of Winiarczyk’s real property and that Smith had not paid for the materials. The affidavit evidence showed that the materials were used on Winiarczyk’s home and that Smith had filed a bankruptcy petition. Other evidence…