Bain v. . Lamb
Supreme Court of North Carolina
Appeal by defendant from Devin, J., at September Term, 1914, of Guileord. Tbis is an action to recover of the defendant the sum of $770.31, the plaintiff alleging that he furnished material that went into her building; that he had given her notice thereof and it was her duty to retain this amount from the amount owing to the contractor at the time. The prayer in the complaint asked for a lien, but this was abandoned on trial.
Read the full summary
Appeal by defendant from Devin, J., at September Term, 1914, of Guileord. Tbis is an action to recover of the defendant the sum of $770.31, the plaintiff alleging that he furnished material that went into her building; that he had given her notice thereof and it was her duty to retain this amount from the amount owing to the contractor at the time. The prayer in the complaint asked for a lien, but this was abandoned on trial. The defendant entered into a contract with one E. B. Waddell in which the said Waddell agreed to erect and complete a nine-room dwelling-house at Whitsett, N. 0., for…
1Opinion of the Court
, Allen, J.
Tbe exception to tbe refusal to nonsuit tbe plaintiff cannot be sustained.
Tbis action is not for tbe purpose of enforcing a lien, but to collect an amount for material furnished, alleged to be due by reason of tbe statutory duty imposed on tbe defendant to retain sucb amount from tbe balance due tbe contractor, upon compliance with the statute (Rev., sec. 2020) by tbe plaintiff.
Tbe letter of tbe plaintiff to tbe defendant of date 1 November, 1909, gave full notice of the amount claimed to be due, and if tbe defendant would otherwise have been entitled to greater particularity in…
2Cases cited1 opinion
- Orinoco Supply Co. v. Masonic & Eastern Star HomeSupreme Court of North Carolina · 1913
3Cited by2 opinions
- Plyler v. Southern Railway Co.Supreme Court of North Carolina · 1923
- Huske Hardware House v. PercivalSupreme Court of North Carolina · 1932