Michael Flynn Manufacturing Co. v. J. L. Coe Construction Co.

Defendant Cutter has one assignment of error based on one exception, and that is to the judgment.

Plaintiff’s contract is not with the owner, Cutter, but with the principal contractor, Coe. In the Special Session, 1880, N.C. Laws, ch. 44, the General Assembly first made provision for a lien for subcontractors. The present statutes giving such a lien appear in G.S. 44-6 et seq.

In Schnepp v. Richardson, 222 N.C. 228, 22 S.E. 2d 555, the Court said: “The claim of the subcontractor or materialman supplants that of the contractor, and the duty of the owner to pay is an independent and primary…