Orrell v. E. C. Barton & Co.

Ed. F. McFaddin, Justice.

In this case estoppel was unsuccessfully, pleaded to defeat the lien claim of a materialman.

In March 1963 appellants, Jimmy Orrell and his wife, entered into a contract with Capital Construction Company whereby the latter would furnish all labor, services, and materials, and would build a residence for the Orrells. The Capital Construction Company purchased several thousand dollars of such materials from appellee, E. C. Barton & Company (hereinafter called “Barton”). When the account remained unpaid, Barton filed this suit for a materialman’s lien on the building and…