ON MOTION FOR REHEARING
Appellee has filed a motion for rehearing, wherein it points out that we were in error in reversing and rendering the judgment of the trial court. It takes the position that we should have reversed and remanded the cause. The appellee might have furnished material to the job in question. It could have perfected its mechanic’s and materialman’s lien. These facts may be shown upon a retrial of the case. Appellee may also show the mechanic’s and materialmen’s lien was created less than 90 days after the materials were furnished. In reversing and remanding the case, we do not intend to hold that if the appellee had a mechanic’s and material-men’s lien that was filed before the appellant garnisheed the money, the appellee would be entitled to same. 26 Tex.Jur. 2d Sec. 753. We still hold that the party who delivered the material to the job must be the one who perfects the mechanic’s and materialmen’s lien. There were other findings of facts made by the trial court that should not be made unless there is proof or stipulations to support the same.
The judgment of the trial court is reversed and remanded.