M. N. Berry Co. v. Gay

EDWARD P. HILL, Judge.

The appeal is from a judgment dismissing appellant’s complaint in which it sought to recover $3,579.04 from appellees for plumbing and other fixtures installed in appellees’ new house. The work was not done by contract with appellees but under an independant contractor, Hayes Perkins.

The complaint, filed January 15, 1964, alleged a contract with Perkins “ratified” by appellees; that the material and labor were furnished between March 14, 1963, and September 25, 1963; that it notified appellees December 9, 1963, of its intention to assert a lien on the property; that it…