United Savings Ass'n of Texas v. Jim Carpenter Co.

In these appeals we consider the applicability of mechanic’s liens to materials furnished for specific construction projects under pre existing, non-binding credit agreements between contractors and materialmen. In each instance, the contractor or its successor-in-interest asserts that the materials were furnished under “open accounts,” 2 thus each delivery of materials constituted a separate contract. The materialmen assert that the materials and deliveries are identifiable to specific projects under “running accounts,” 3 thus constituting a single continuing contract for each parcel. For…