McKALIP v. SMITH BLDG. & MASONRY SUPPLY, INC.

No. 6154.

599 S.W.2d 884 (1980)

Robert E. McKALIP et ux., Appellants, v. SMITH BUILDING & MASONRY SUPPLY, INC., Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied June 12, 1980.


Attorney(s) appearing for the Case

James H. Koehn, Leonard, Koehn, Rose & Hurt, Austin, for appellants.

Charles E. Hampton and Don L. Baker, Law Offices of Don L. Baker, Austin, for appellee.


OPINION

JAMES, Justice.

This is a mechanic's and materialmen's lien case. The principal questions are: (1) whether a materialman under this record is entitled to a lien in excess of 10% of the contract price, and (2) what constitutes the contract price.

Plaintiff-Appellants Robert E. McKalip and wife, Ida McKalip, as owners of Lot 19, Lake Oaks Subdivision, in Burnet County, Texas, brought this suit to...

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