Stevens v. Georgia Land Co.

1. The act of December 19, 1899 (Van Epps’ Code Supp. §6176), creating a lien in favor of materialmen for material furnished to a contractor for the improvement of real estate belonging to a third' person, in terms provides that “in no event shall the aggregate amount of liens set up [thereunder] exceed the contract price of the improvements made; ” and it follows that, in a proceeding to foreclose a materialman’s lien, it is incumbent upon the plaintiff to show, that the amount for which he asserts a lien comes, in whole or in part, within the contract price agreed on between the contractor…