Wold v. Northcutt

Bell, Judge.

1. The petition here seeks to assert a material-man’s lien and to recover under the lien. It is fatally defective for the reasons, inter alia, that the petition contains no allegations of a contract between the owner and the contractor for the accomplishing of improvements upon the owner’s property and the amount to be paid under the contract for materials, Marshall v. Peacock, 205 Ga. 891 (55 SE2d 354); Lamber Fabricators, Inc. v. Gregory, 213 Ga. 356 (99 SE2d 145), nor that the contractor in purchasing the materials was acting as the agent of the owner or that the contract of…