Legal Opinion · Dissent

Gillison Discount Building Materials, Inc. v. Talbot

Supreme Court of Arkansas

Decided December 18, 1972No. 5-6081Published

1DissentJohn A. Fogleman, Justice

I cannot agree that appellants established a prima facie case for a materialman’s lien, so I would affirm the trial court’s action sustaining the demurrer to the evidence.

I do not find evidence showing that a contract existed between the “owner” and Scarborough, nor do I find a syllable to show that the materials furnished by either of the appellants were furnished for a building on the property described in the complaint, that the Talbot house was located on that property, that any material was delivered by either of the appellants to that property, or that any material furnished by…

2Cases cited6 opinions

  1. Fine v. Dyke Bros.Supreme Court of Arkansas · 1927
  2. Royal Theater Co. v. CollinsSupreme Court of Arkansas · 1912
  3. Hoffman v. McFaddenSupreme Court of Arkansas · 1892
  4. Daly v. Arkadelphia Milling Co.Supreme Court of Arkansas · 1916
  5. Ark. Foundry Co. v. FarrellSupreme Court of Arkansas · 1964

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