Morris v. Bessemer Lumber Co.

A materialman furnishing materials for a building under contract with the owner is an original contractor, and the verified statement filed under Code, § ■8836, within six months after the indebtedness accrues, is within time. Redd Bros. v. Todd, 209 Ala. 56, 95 So. 276; Gilbert v. Talladega Hdw. Co., 195 Ala. 474, 70 So. 660.

If the owner or his agent opens the account in his own name with directions to furnish further materials to his contractor and they are so furnished and charged to the owner, the same rule applies. Avondale Lumber Co. v. Hudson, 214 Ala. 128, 106 So. 803.

The ledger sheet…