Newton Lumber & Supply, Inc. v. Crumbley

Pope, Judge.

Appellant, Newton Lumber & Supply, supplied certain building materials which were used in making improvements to appellees’ home. When the contractor failed to pay for the materials, appellant filed notice of his claim of a materialman’s lien in the contractor’s bankruptcy proceedings. This bankruptcy claim was filed within six months of November 10,1979, the date appellant indicated payment for the materials was due.

1. On November 10, 1980, the appellant filed an action to enforce the materialman’s lien directly against the property owners. The appellees filed a motion for…