M. Shapiro & Sons, Inc. v. Yates Construction Co.

The majority has mistakenly applied the lien application to a situation where the owner files a bond to release the property from a materialman’s lien, to the situation presented here where the bond is filed by the contractor. The two situations have different results, as shall be seen.

Absent any contrary showing, it must be assumed that Shapiro was, as it alleged in its bond, "the contractor employed to improve [the owner’s] property,” so as to be a proper party to file the bond to discharge Yates’ lien.

"When the bond to discharge the lien under Code Ann. § 67-2004 [Ga. L. 1953, p. 544;…