Black v. Haile

Rhodes, Justice:

This is an appeal from an order of the lower court dissolving a mechanic’s lien and dismissing the suit to foreclose it. The lower court held that the appellant had not complied with §§ 29-5-90 and 29-5-100 of the 1976 Code of Laws of South Carolina. The lower court was in error since, on the record before us, a conclusion of non-compliance with these Code sections could have been based only on material facts which are in issue. Accordingly, we reverse and remand.

This case arises out of a contract in which the appellant, a contractor, agreed to build a dwelling for respondents…