Haden Co., Inc. v. Mixers, Inc.

ROWE, Justice.

This is a materialmen’s lien case. Haden Company, as the supplier of overhead doors to the general contractor on a building project, sued Mixers, Inc., as the owner of the building, to recover the invoice price of the doors and to foreclose a material-men’s lien against the property on which the building was constructed. Haden sought to hold Mixers liable because of its failure to comply with the retainage requirements of TEX.REV.CIV.STAT.ANN. art. 5469 (Vernon Supp.1982-1983). Trial before the court resulted in a take-nothing judgment. In its first point of error, Ha-den…