Maloy v. Planter's Warehouse & Lumber Co.

Webb, Judge.

On June 4, 1973, Charles Maloy entered into a contract with Charles D. Parker for the construction of a dwelling for Maloy in Henry County. Planter’s Warehouse & Lumber Company, Inc. sold materials to Parker and Maloy for use in the construction, in an amount alleged to be $31,059.43. Although Maloy paid a total of $80,053.16 to Parker, nothing was ever paid to Planter’s. On August 12, 1974, Planter’s filed of record a lien against Maloy’s property claiming $31,059.43, and thereafter brought suit agaipst Maloy and Parker for personal judgments against them and a special lien in…