C. A. Dunham Co. v. Sheffield Realty Co.
Supreme Court of Alabama
Appeal from Circuit Court, Colbert County; C. P. Almon, Judge. Bill by the C. A. Dunham Company against the Sheffield Realty Company and its trustee in bankruptcy to enforce a materialman’s lien. Decree for respondents, and complainant appeals.
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Appeal from Circuit Court, Colbert County; C. P. Almon, Judge. Bill by the C. A. Dunham Company against the Sheffield Realty Company and its trustee in bankruptcy to enforce a materialman’s lien. Decree for respondents, and complainant appeals. The time within which a lien must be filed begins to run from the delivery of the last item. 79 Ala. 156; 88 Ala. 509, 7 South. 331. The taking of the note did not destroy the lien. 115 Ala. 637, 22 South. 160. Cases cited by the appellant clearly demonstrate the correctness of the final decree.
1Opinion of the CourtSayre, J.
This bill was filed to enforce a lien for the price of a heating system furnished by appellant to appellee for appellee’s hotel building in the city of Sheffield. Defendant pleaded the statute of limitation of six months (section 4777 of the Code), and upon that plea complainant’s bill was dismissed.
Complainant’s contract' obligation ended with the delivery of the heating apparatus, which was to be installed by defendant. All parts — save one small item, to be noted hereafter- — were delivered to a carrier in March, 1918. Complainant contends that its account did not fall due until November,…
2Cases cited3 opinions
- College Court Realty Co. v. J. C. Letcher Lumber Co.Supreme Court of Alabama · 1917
- Hines v. Chicago Building & Manufacturing Co.Supreme Court of Alabama · 1896
- Williams v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1903
3Cited by2 opinions
- Redd Bros. v. ToddSupreme Court of Alabama · 1922
- Wofford Bond & Mortgage Co. v. AdamsSupreme Court of Alabama · 1931