Smith v. Robinson

OP ALA, Justice:

In this case we are called upon the answer the following questions: (a) is a landowner’s pre-suit tender to contractor in redemption of the premises from a mechanic’s and materialman’s lien sufficient in law although it fails to include two expense items incurred in the filing of the lien? 1 (b) if the tender so made, though adequate in law, be met with refusal and landowner then discharges the lien by complying with the procedure set forth in 42 O.S.1971 § 147 2 , does the prior tender continue to shield him from liability for court costs, including contractor’s counsel fee,…