E. Smith Heating & Air Conditioning, Inc. v. Biggers

Clark, Judge.

This appeal is by a materialman plaintiff seeking to foreclose its lien against the defendant owner’s property for materials supplied in the construction of defendant’s residence. The trial court granted defendant’s motion for summary judgment which was based upon the owner having been compelled to expend in excess of the guaranteed maximum contract price for completion of the house after the general contractor had abandoned the job prior to fulfillment of the construction contract.

Argued June 7, 1976 Decided July 2, 1976. McDonald & Dupree, Barry Staples, for appellant. Huie,…