MONOCRETE PTY. LTD. v. EXCHANGE SAV. & LOAN

No. 20155.

601 S.W.2d 448 (1980)

MONOCRETE PTY. LTD., d/b/a Monier Company, Appellant, v. EXCHANGE SAVINGS & LOAN ASSOCIATION, Russell Builders, Inc., d/b/a Russell Custom Homes, Powell, Ardis and Powell, Inc., and Kenneth L. Steward d/b/a S & H Roofing, Appellees.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied June 26, 1980.


Attorney(s) appearing for the Case

Robert Harms Bliss, Jerry L. Hughes, Cleveland Guy Clinton, Bliss & Hughes, Dallas, for appellant.

W. Mike Baggett, Winstead, McGuire, Sechrest & Trimble, Dallas, for appellees.

Before GUITTARD, C. J., and ROBERTSON and STOREY, JJ.


STOREY, Justice.

This appeal concerns the application of the "material injury" rule to a materialman's removal of a concrete tile roof. The trial court, in this non-jury case, found that "the concrete roof tiles cannot be removed without substantial damage to the tiles themselves, the remaining structure, existing improvements, and the land." It accordingly ordered that the deed of trust liens of defendant Exchange Savings & Loan were superior and that their foreclosures...

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