Clark v. . Edwards
Supreme Court of North Carolina
This was a civil aotion tried at February Term, 1896, of Wake Superior Court, before McToer, The defendant, C-. B. Edwards, on July 2, 1894, contracted with the Briggs Building and Manufacturing Company, a corporation, to erect on the lot described in the complaint a residence at a cost of $3,050, $2,000 of which was paid in cash upon the execution of said contract, and the balance, $1,050, was to be paid in hardware as called for by the said company, as shown in said…
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This was a civil aotion tried at February Term, 1896, of Wake Superior Court, before McToer, The defendant, C-. B. Edwards, on July 2, 1894, contracted with the Briggs Building and Manufacturing Company, a corporation, to erect on the lot described in the complaint a residence at a cost of $3,050, $2,000 of which was paid in cash upon the execution of said contract, and the balance, $1,050, was to be paid in hardware as called for by the said company, as shown in said contract. In December, 1894, the plaintiff contracted with the Briggs Building and Manufacturing Company to furnish material…
1Opinion of the Court
ClaeK, J. :
It is true, under Section 1789 of The Gode, that where a mechanic’s or laborer’s lien, or lien for material, is filed as required, it dates bach and takes priority of all liens attaching, and against all purchases for value (though without notice) made subsequent to the beginning of the work, or furnishing the first mateiial. Burr v. Maultsby, 99 N. C., 263; Lumber Company v. Hotel Company, 109 N. C., 658. But such lien is only good for the amount due the contractor, laborer or material man, and the sub-contractor can be put in no better condition. As defendant’s counsel said…
2Cases cited2 opinions
- Lookout Lumber Co. v. Mansion Hotel & Belt Railway Co.Supreme Court of North Carolina · 1891
- Burr v. . MaultsbySupreme Court of North Carolina · 1888
3Cited by13 opinions
- Schnepp v. . RichardsonSupreme Court of North Carolina · 1942
- Dunavant v. Caldwell & Northern RailroadSupreme Court of North Carolina · 1898
- North Dakota Lumber Co. v. BulgerNorth Dakota Supreme Court · 1910
- Orinoco Supply Co. v. Masonic & Eastern Star HomeSupreme Court of North Carolina · 1913
- Borden Brick & Tile Co. v. PulleySupreme Court of North Carolina · 1915
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