Whitley Construction Co. v. Carlyle Real Estate Ltd.-72 Partnership

Marshall, Judge.

This is an appeal from the order of the trial court dismissing the complaint of appellant Whitley Construction Company, plaintiff below, because the complaint was not filed within the time allowed by statute.

Appellee, the owner of certain real estate, contracted with a prime contractor, the Ervin Company, to make improvements on the real estate owned by Carlyle. Part of those improvements included the installation of standard and roll edge curb and drains in the area of buildings upon the property.

The Ervin Company called upon a subcontractor, the Climax Construction Company,…