Bonner v. Barber

GOODWYN, Justice.

Appellee (complainant below) filed a bill in the circuit court of Jefferson County, in equity, to enforce a mechanic’s or materialman’s lien (pursuant to Code 1940, Tit. 33, §§ 37-65) claimed against certain real property owned by appellant (respondent below). Respondent’s demurrer to the bill being overruled, he appealed to this court for review of that decree. We affirmed in Bonner v. Barber, 266 Ala. 624, 97 So.2d 793. Respondent then answered the bill admitting that the parties “entered into a contract or agreement under the terms of which the complainant was to furnish…