Pinkston v. . Young
Supreme Court of North Carolina
Lien — Sub-contractors—Mechanics—Statute. This is a civil ACTioarj commenced before a Justice of the Peace, and tried, upon appeal, before Graves, J., at Fall Term, 1888, of VANCE Superior Court.
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Lien — Sub-contractors—Mechanics—Statute. This is a civil ACTioarj commenced before a Justice of the Peace, and tried, upon appeal, before Graves, J., at Fall Term, 1888, of VANCE Superior Court. The plaintiffs brought this action in the Court of a Justice of the Peace, to enforce their alleged lien for materials of the value of $139, furnished and supplied to a contractor (one Linthicum), who had contracted to build, and had built, certain houses for the defendant, and had put such material in and about the bouses he had so built, and failed to pay the plaintiffs for the same, as allowed, in…
1Opinion of the CourtMerrimon, J.
(after stating the case). The lien given in favor of sub-contractors, laborers and persons furnishing materials for improvement on real estate, by the statute (The Code, §§ 1801,1802), does not arise and become effectual unless the person entitled to have the same “shall give notice to the owner or lessee of the real estate, who makes the contract for such building or improvement, at any time before the settlement with the contractor,” of “the amount of such labor done or material furnished.” If, at the time of such notice, the owner or lessee of the land has not paid to the contractor the…
2Cited by12 opinions
- Lookout Lumber Co. v. Mansion Hotel & Belt Railway Co.Supreme Court of North Carolina · 1891
- Morganton Hardware Co. v. Morganton Graded SchoolsSupreme Court of North Carolina · 1909
- Parnell-Martin Supply Co. v. High Point Motor Lodge, Inc.Supreme Court of North Carolina · 1970
- Borden Brick & Tile Co. v. PulleySupreme Court of North Carolina · 1915
- Economy Pumps, Inc. v. F. W. Woolworth Co.Supreme Court of North Carolina · 1941
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