Tuck v. Moss Manufacturing Co.
Supreme Court of Georgia
Foreclosure of lien. Before Judge Cobb. City court of Athens. October 24, 1905. The Moss Manufacturing Company brought suit against Saye, contractor, and Mrs. Tuck, owner, to foreclose a lien for materials furnished in erecting a house on land belonging to Mrs. Tuck. The contractor made no defense, and on the trial Mrs. Tuck admitted a prima facie ease for the plaintiff, and undertook to show that she had paid for labor and materials the full contract price of the building.
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Foreclosure of lien. Before Judge Cobb. City court of Athens. October 24, 1905. The Moss Manufacturing Company brought suit against Saye, contractor, and Mrs. Tuck, owner, to foreclose a lien for materials furnished in erecting a house on land belonging to Mrs. Tuck. The contractor made no defense, and on the trial Mrs. Tuck admitted a prima facie ease for the plaintiff, and undertook to show that she had paid for labor and materials the full contract price of the building. Anderson, the agent of Mrs. Tuck, paid directly to contractor Saye a large sum of money, but he did not know of any…
1Opinion of the CourtEvans, J.
(After stating the foregoing facts.)
1. In a suit by a materialman to foreclose his lien for material furnished a contractor for the improvement of the real estate of another, the latter may defend by showing that he has paid the full contract price to the contractor, and that the money has been applied by the contractor to the settlement of debts incurred in the performance of his contract, which would have been liens upon the property improved. The burden is upon the property owner to show that the money which was paid to the contractor was applied only to liens which could be asserted…
2Cases cited4 opinions
- Green v. Farrar Lumber Co.Supreme Court of Georgia · 1903
- Oliver v. Macon Hardware Co.Supreme Court of Georgia · 1896
- Prince v. Neal-Millard Co.Supreme Court of Georgia · 1906
- Savannah & Charleston Railroad v. CallahanSupreme Court of Georgia · 1872
3Cited by30 opinions
- Short & Paulk Supply Co. v. DykesCourt of Appeals of Georgia · 1969
- Massachusetts Bonding & Insurance v. Realty Trust Co.Supreme Court of Georgia · 1914
- United States Fidelity & Guaranty Co. v. NealSupreme Court of Georgia · 1939
- Mullins v. Noland Co.District Court, N.D. Georgia · 1975
- Dennington v. Mayor of RobertaSupreme Court of Georgia · 1908
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