Gibbs v. Carolina Portland Cement Co.

The plaintiff furnished certain building materials to the defendant on a running account ending on May 20, 1925. On June 12, 1925, it filed and had recorded its materialman’s lien. On January 16, 1926, plaintiff filed its petition in the municipal court of Atlanta to foreclose said lien. On March 9, 1926, the case was tried before a judge of that court, without the intervention of a jury. Under the evidence, the judge, acting as trior, was authorized to find that the building materials sued for were sold by the plaintiff to the defendant, and not, as set up in her answer, sold to her husband,…