Moore-Handley, Inc. v. Banks

Clark, Judge.

Having timely filed a claim of lien upon property owned by defendant, and having timely commenced suit against the contractor, plaintiff materialman sought the foreclosure of its materialman’s lien. Following a trial by the court without a jury, the trial judge made the requisite findings of fact and conclusions of law and entered judgment for defendant on the ground that plaintiff waived its right to a lien on defendant’s property. From this adverse judgment, plaintiff appealed.

The evidence adduced at trial shows that plaintiff sold materials in the amount of $26,438.44 to…