Jones Mercantile Co. v. Lyn-Har, Inc.

Shulman, Judge.

In the first appearance of this case, 152 Ga. App. 798 (264 SE2d 270), we affirmed the grant of summary judgment to the property owner in an action to foreclose a materialman’s lien. On certiorari, the Supreme Court vacated this court’s opinion and remanded the case for reconsideration in light of the holding therein (Jones Mercantile Co. v. Lyn-Har, Inc., 245 Ga. 812 (1980)), which placed on the defendant-property owner the burden of demonstrating that the sums paid to the contractor were properly appropriated to materialmen and laborers or that the contractor’s statutory…