McKalip v. Smith Building & Masonry Supply, Inc.

OPINION

JAMES, Justice.

This is a mechanic’s and materialmen’s lien case. The principal questions are: (1) whether a materialman under this record is entitled to a lien in excess of 10% of the contract price, and (2) what constitutes the contract price.

Plaintiff-Appellants Robert E. McKalip and wife, Ida McKalip, as owners of Lot 19, Lake Oaks Subdivision, in Burnet County, Texas, brought this suit to remove cloud from their title by having declared invalid a mechanic’s and materialmen’s lien claimed thereupon by Defendant-Appellee Smith Building and Masonry Supply, Inc. In said suit the…