Powell, Inc. v. James Abney and Virginia G. Abney and Fairmont Metals Co., Inc.

Powell, Inc., appeals from the district court’s order discharging a $27,000 equitable or constructive trust lien originally imposed in favor of Powell by the district court on James Abney’s homestead at 419 Surrey Road, Laredo, Texas. We reverse and remand.

The facts are uncontested. Doing business through Fairmont Metals Company, Abney purchased scrap metal known as tantalum from Raul Barreda at a price approximately ten percent of the true market value and then sold the tantalum to Powell. Abney purchased the tantalum with full knowledge that Barreda, a warehouse employee of Union Carbide…