BUILDING MATERIAL SUPPLY COMPANY, INC. v. North

Felton, Chief Judge.

The headnote indicates the facts upon which this case must be decided. The only point raised is whether the materialman waives his lien by not keeping separate accounts when he does not know that third parties own some or all of the improved properties rather than the contractor.

Whether the materialman has such knowledge is immaterial. A third party owner contracting solely with a contractor is not a party to the contract between the materialman and the contractor and owes the materialman no duty to discover his identity and relationship to the contractor or others. He has…