Renuart Lumber Yards, Inc. v. Stearn

ROBERTS, Justice.

In a suit by a subcontractor to foreclose a materialman’s lien under Ch. 84, Fla.Stat. 1955, F.S.A., against the owner’s property, the lower court held that an initial payment, a progress payment and a portion of the final payment made by the owner to the general contractor under the direct contract were “properly paid” so that the plaintiff was entitled only to share pro rata with other lienors the amount ($2,400) remaining due and unpaid under the contract. The plaintiff has appealed.

As to the initial and progress payments, plaintiff relies on the provisions of Ch. 28243,…