Salter v. Goldberg
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. William Jackson. Action by T. M. Salter against Louis Goldberg to establish a mechanic’s lien. From a judgment for plaintiff, and an order refusing a new trial, defendant appeals. This was an action to enforce a lien upon a house and lot for the sum due for painting said house. The description of the lot is set out in the opinion. The other facts sufficiently appear in the opinion.
Read the full summary
Appeal from Bessemer City Court. Heard before Hon. William Jackson. Action by T. M. Salter against Louis Goldberg to establish a mechanic’s lien. From a judgment for plaintiff, and an order refusing a new trial, defendant appeals. This was an action to enforce a lien upon a house and lot for the sum due for painting said house. The description of the lot is set out in the opinion. The other facts sufficiently appear in the opinion. The lower court gave judgment for the plaintiff against the defendant personally, and also subjected the property to the lien, From this judgment this appeal is…
1Opinion of the CourtAnderson, J.
The plaintiff testified as to the contract price for painting the house, and was corroborated as to this fact by a disinterested witness, who heard the defendant admit that the price testified to by plaintiff was the amount that he had agreed to pay for the work, and the court properly rendered a personal judgment for the plaintiff for the contract price, less the admitted credit. The burden was on the defendant to establish his pleas of set-off, payment, and recoupment, and the trial court properly held that he did not sufficiently do so.
In order to establish a lien on the house and one acre…
2Cited by5 opinions
- Advertiser Co. v. JonesSupreme Court of Alabama · 1910
- Wood Lumber Co. v. GreathouseSupreme Court of Alabama · 1933
- Alverson v. FloydSupreme Court of Alabama · 1929
- First Ave. C. & L. Co. v. McWilsonSupreme Court of Alabama · 1913
- Kyser v. DoanSupreme Court of Alabama · 1960