Holmes v. Venable
Court of Appeals of Georgia
Certiorari; from -Fulton superior court — Judge Pendleton December 8, 1930. The main defense of the owner to the foreclosure suit was that the written contract executed by the plaintiff’s employer, the contractor, and herself had never been completed.
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Certiorari; from -Fulton superior court — Judge Pendleton December 8, 1930. The main defense of the owner to the foreclosure suit was that the written contract executed by the plaintiff’s employer, the contractor, and herself had never been completed. The amount of the lien claimed was $65. The agreed price for the work to be done on the floors of the owner was $115, and the contract provided that this work was “ to be done in a first-class workmanship maimer,” that certain fillers, varnish, and floor polish were to be used, that the owner should not be liable for labor or material furnished…
1Opinion of the CourtJenkins, P. J.
(After stating the foregoing facts.) The ruling upon the question as to whether the plaintiff is entitled to foreclose his lien until the contractor shall have first fully performed his obligations under his contract with the owner may properly be somewhat elaborated. It is the general rule that, where an owner of real estate engages a contractor to construct or improve a building thereon, and, under employment of the contractor, a mechanic perforins labor in constructing or improving the building, there is sufficient privity between the-mechanic and the owner to support a lien on the…
2Cases cited7 opinions
- Green v. Farrar Lumber Co.Supreme Court of Georgia · 1903
- Prince v. Neal-Millard Co.Supreme Court of Georgia · 1906
- Tuck v. Moss Manufacturing Co.Supreme Court of Georgia · 1907
- Rowell v. HarrisSupreme Court of Georgia · 1904
- Stevens v. Georgia Land Co.Supreme Court of Georgia · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Gignilliat v. West Lumber Co.Court of Appeals of Georgia · 1949
- Roberts v. Georgia Southern Supply Co.Court of Appeals of Georgia · 1955
- Bullock v. ButtsCourt of Appeals of Georgia · 1924
- Herb v. WolfeCourt of Appeals of Georgia · 1947
- McCrary v. BarberiCourt of Appeals of Georgia · 1959
7 more not listed; retrieve them via the Exa API.