Legal Opinion

Pittsburgh Plate Glass Co. v. Peters Land Co.

Supreme Court of Georgia

Decided August 3, 1905PublishedCited by 18 opinions

Foreclosure of lien. Before Judge Lumpkin. Fulton superior 'Court. November 22, 1904. The Pittsburgh Plate Glass Company, a corporation, brought suit against the Peters Land ■ Company, a corporation, the Gale Manufacturing Company, a partnership, DeSaussure, trustee in bankruptcy of the partnership, and Daniel Brothers, a partnership.

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Foreclosure of lien. Before Judge Lumpkin. Fulton superior 'Court. November 22, 1904. The Pittsburgh Plate Glass Company, a corporation, brought suit against the Peters Land ■ Company, a corporation, the Gale Manufacturing Company, a partnership, DeSaussure, trustee in bankruptcy of the partnership, and Daniel Brothers, a partnership. The petition alleged, that the plaintiff was a materialman and as such supplied to the Gale Manufacturing Company glass of a stated value, which was used by that company in improving the premises of the Peters Land Company, consisting of a described lot and…

1Opinion of the CourtCobb, J.

The plaintiff had no contractual relation with the Peters Land Company. Neither had it any contractual relation with Daniel Brothers, the tenants of the Peters Land Company. Its contractual relation was solely with the Gale Manufacturing Company, which sustained an independent contractual relation with Daniel Brothers. The question, therefore, is whether, under the law of this State, under such a condition of affairs, the plaintiff can assert a lien against the Peters Land Company, an entire stranger to it in every way. The provision of law under which this right to a lien is claimed is found…

2Cases cited1 opinion

  1. National Bank v. DanforthSupreme Court of Georgia · 1888

3Cited by18 opinions

  1. Prince v. Neal-Millard Co.Supreme Court of Georgia · 1906
  2. Central of Georgia Railway Co. v. ShiverSupreme Court of Georgia · 1906
  3. Marshall v. PeacockSupreme Court of Georgia · 1949
  4. Davison v. Woolworth Co.Supreme Court of Georgia · 1938
  5. General Supply Co. v. HunnSupreme Court of Georgia · 1906

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