Teague Hardware Co. v. Bankhead Development Co.

SIMPSON, Justice.

Appeal by cross-complainant from the decree of the Circuit Court of Montgomery County, in Equity, refusing to establish statutory materialman’s lien under §§ 37 and 46, Title 33, Code of Ala.1940.

Appellee entered into an oral contract with U. & S. Land Corporation under the terms of which Mid State Wrecking Company was to remove barracks from Maxwell Field and convert the same into dwellings. The barracks were to be placed upon property to be determined by appellee. Appellee was to advance $2,000.00 to Mid State when a house was placed and upon completion an additional…