Childers v. City of Greenville
Supreme Court of Alabama
Appeal from Butler Circuit Court. Tried before lion. John P. Hubbard. This action was commenced on the 1st of January, 1881, and was brought by A. F. Childers against J. M. Ford and the City of Greenville, under the statute, to enforce an alleged lien on a certain building in said city, for the construction of which, and for the materials to be used therein, the city had contracted with Ford, for the value of materials which the plaintiff had furnished Ford to be used, and…
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Appeal from Butler Circuit Court. Tried before lion. John P. Hubbard. This action was commenced on the 1st of January, 1881, and was brought by A. F. Childers against J. M. Ford and the City of Greenville, under the statute, to enforce an alleged lien on a certain building in said city, for the construction of which, and for the materials to be used therein, the city had contracted with Ford, for the value of materials which the plaintiff had furnished Ford to be used, and which had been used, in the construction of said building. The evidence on the trial showed, that at the time plaintiff…
1Opinion of the CourtBbiokell, C. J.
The present action is founded on the theory that a lien had attached to the building, which was in course of construction for the value of the brick the appellant had sold to Ford, with whom the appellee had contracted for the erection of the building, and who was to supply the proper material. The lien exists iii such case only when there is a balance due from the proprietor to the contractor, and extends only to such balance. — Geiger v. Hussey, 63 Ala. 338. The evidence showing clearly, and being undisputed, that there was *104no amount due from the city to Eord, on account of the contract for…
2Cases cited1 opinion
- Geiger & Co. v. HusseySupreme Court of Alabama · 1879
3Cited by1 opinion
- May & Thomas Hardware Co. v. McConnellSupreme Court of Alabama · 1893