Bankston v. Smith

Pannell, Presiding Judge.

This case is on appeal by a supplier of materials to a contractor, who had a contract with the owner for the building of a dwelling, from a verdict and judgment in favor of the owner on the main action and the owner’s counterclaim, against whom the materialman was seeking to foreclose his lien. This court affirmed the *40judgment on the main action with direction as to the elimination of the owner’s cross action. See Bankston v. Smith, 134 Ga. App. 882 (216 SE2d 634). In so doing, this court, in Division 1 of the opinion, held there was no proof the materials were used…