Southern Manufacturing Co. v. R. L. Moss Manufacturing Co.
Court of Appeals of Georgia
Foreclosure of lien; from city court of Athens — Judge Howell Cobb. March 22, 1909.
1Opinion of the CourtRussell, J.
In this ease the statutory lien of a builder and materialman was foreclosed upon the real estate of the opposite party to a written building contract in which it was stipulated that the decision of all questions as to the completion of the contract, as well as the builder’s compliance with the specifications, should be submitted to engineers as agents of both the contracting parties. Since we are of the opinion that the nature of the plaintiff’s action could not be disregarded, nor a new contract be substituted for that entered into by the parties, and which was necessarily the foundation of…
2Cases cited22 opinions
- Kihlberg v. United StatesSupreme Court of the United States · 1878
- Martinsburg & Potomac Railroad v. MarchSupreme Court of the United States · 1885
- Smith v. . BradyNew York Court of Appeals · 1858
- Sweeney v. United StatesSupreme Court of the United States · 1884
- Holmes v. RichetCalifornia Supreme Court · 1880
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3Cited by24 opinions
- State Highway Department v. MacDougald Construction Co.Supreme Court of Georgia · 1939
- Life & Casualty Insurance v. CarterCourt of Appeals of Georgia · 1937
- Citizens & Southern Equipment Leasing, Inc. v. Atlanta Federal Savings & Loan Ass'nCourt of Appeals of Georgia · 1978
- Gellis v. B. L. I. Construction Co.Court of Appeals of Georgia · 1978
- M.C. Anderson v. GoldenDistrict Court, S.D. Georgia · 1982
19 more not listed; retrieve them via the Exa API.