Neal v. Whisnant

The appeal presents these questions of law: (1) Did the document the plaintiff filed on September 6, 1963, comply with the statutory requirement that the lien “shall be filed in detail, specifying the materials furnished or the labor performed, and the time thereof?” G.S. 44-38. (2) If the claim was invalid because of the failure to give the required details, did the amendment filed October 5, 1963, giving the details, cure the defect, amend and relate back to the September claim?

The questions of law raised in the preceding paragraph are material and arise on this record. The contract was for…