Frank Wheatley Industries, Inc. v. Owens-Corning Fiberglas Supply Division

LAVENDER, Justice.

In this appeal from a judgment establishing a lien in favor of one who supplied material to a sub-contractor one of the principal questions is whether or not, because of the circumstances in this particular case, the trial court erred in not holding the lien claimant was equitably es-topped from asserting his lien. We have weighed the evidence and are of the view that the judgment of the trial court was not against the clear weight of the evidence.

The facts are briefly these: Plaintiff in Error, Frank Wheatley Industries, Inc. (formerly Frank Wheatley Corporation), hereafter…