C & B COMPANY v. Collins

Ness, Justice:

Respondent, C & B Company, commenced suit against appellants, seeking to foreclose a mechanics lien in the amount of $4,126.41. This appeal is from an order granting summary judgment to respondent. Finding a factual issue regarding appellants’ consent to the supply of materials by respondent, we reverse.

While the order of the trial judge did not specify which mechanics lien statute he applied in his resolution of the case, the fact that it contains language concerning “the meaning of consent” indicates he relied on Section 29-5-10 of the 1976 Code of Laws of South Carolina. This…