Rowell v. Harris
Supreme Court of Georgia
Certiorari. Before Judge Felton, Bibb superior court. May 30, 1904 On July 21, 1903, Lawson contracted to build and alter a house for Harris for $725. Harris paid Lawson $25 or $40 on account. Lawson did about $200 worth of work, and thereupon abandoned the contract. Rowell was an employee of Lawson,, and recorded his lien, within three months after performing the services, for $20, the amount of work he had done.
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Certiorari. Before Judge Felton, Bibb superior court. May 30, 1904 On July 21, 1903, Lawson contracted to build and alter a house for Harris for $725. Harris paid Lawson $25 or $40 on account. Lawson did about $200 worth of work, and thereupon abandoned the contract. Rowell was an employee of Lawson,, and recorded his lien, within three months after performing the services, for $20, the amount of work he had done. After Lawson abandoned the contract, Harris got bids from other contractors to complete the contract, and awarded it to J. B. Haigler at $825, lie being the lowest bidder. Harris…
1Opinion of the CourtLamar, J.
Civil Code, § 2801, as amended, is intended to protect those improving the land, but not to increase the liability of the owner beyond the terms of his original contract. The statute operates in part against the contractor, and in part against the landowner. The money as it becomes due is charged with a lien as against the contractor, in favor of the subcontractor, material-men, and laborers. On the other hand the land is charged with a lien as against the owner, for the purpose of securing the payment of the contract price, and creating the fund out of which the subcontractors and laborers…
2Cited by16 opinions
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