Stone Co. v. Board of Publication

The point for decision is as to whether one who furnishes materials to a subcontractor is within the provisions of Code, § 2739 *201et seq., giving a lien to contractors, mechanics, and furnishers of materials.

Section 2739 gives a lien “ upon any lot of ground or tract of land upon which a house has been constructed, built, or repaired, * * * by special contract with the owner or his agent, in favor of the mechanic or undertaker, founder or machinist, who does the work . or any part of the work, or furnishes the materials or - any part of the materials,” etc.

This section is substantially the…