FRANK WHEATLEY INDUS., INC. v. OWENS-CORNING FIBERGLAS SUP. DIV.

No. 42437.

470 P.2d 986 (1970)

FRANK WHEATLEY INDUSTRIES, INC. (Formerly Frank Wheatley Corporation) and A.C. Reeds, Jr., Plaintiffs in Error, v. OWENS-CORNING FIBERGLAS SUPPLY DIVISION, a Corporation, Defendant in Error.

Supreme Court of Oklahoma.

March 3, 1970.


Attorney(s) appearing for the Case

Thornton, Stamper & Dalton, by David M. Thornton and Andrew T. Dalton, Jr., Tulsa, for plaintiffs in error.

John P. Scott, Tulsa, for defendant in error.


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 estopped from asserting his lien. We have weighed the evidence and are of the view that the judgment of the trial court was...

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