Bailey v. Lurlee, Inc.

Pannell, Judge.

This is an action by a plaintiff subcontractor seeking a judgment for work performed in installing acoustical ceilings and dry walls in two buildings erected by the defendant contractor and for foreclosure of a materialman’s lien. The trial judge, sitting without a jury, found as a fact that the appellee, Lurlee, Inc., had paid a sum in excess of the amount owed by the defendant to the plaintiff and granted a motion to dismiss the foreclosure of the materialman’s lien. A motion for new trial was filed and denied. Appellant appeals from the trial court’s findings of fact and…