North v. Waffle House, Inc.

Carley, Judge.

Appellant subcontractor entered into an agreement with Fountain Oil Co. to prepare two adjoining tracts of land for construction thereon. One tract was owned by Fountain Oil Co. and the other by appellee Waffle House, Inc. (Waffle House). When appellant was not paid by Fountain Oil Co., he filed a claim of lien upon “premises of Fountain Oil Co.” However, the premises as described in the lien also included the neighboring property of Waffle House. Subsequently, appellant filed a second claim of lien. This lien was filed against the property belonging to Waffle House, named…