Hicks v. McLain's Building Materials, Inc.

Cooper, Judge.

In this action for the “filing of fraudulent materialman’s liens” and fraudulent misrepresentation, appellant appeals from the trial court’s grant of summary judgment for appellee.

Appellant and her husband were building a new home, using Jerel Bartlett as their builder. Appellee supplied some of the materials used in the home. Although deliveries of supplies by appellee were supposed to be on a C. O. D. basis, there is undisputed evidence that appellee’s deliverymen would sometimes leave supplies at the work site even if Bartlett was not there or did not have a check from…