Pyburn v. Kirkpatrick

OPINION

SOSA, Senior Justice.

This case originated when a builder’s supply company (not a party to this appeal) filed a complaint for money due and foreclosure against Michael J. Kirkpatrick and Gail L. Rein (Owners), who are cross-defendants-appellees in the present appeal. The builder’s supply company sought payment for materials it had supplied to the Owners’ contractor for use in building the Owners’ residence. The contractor had filed for bankruptcy, leaving some $33,000 in unpaid claims outstanding against the Owners’ property. Among these claims was that of cross-claimant-appellant Pete…