Broadway Apartment Co. v. Barnett

By direction of the majority of the court, the writer has prepared the judgment of affirmance in this case. I do not agree, however, that the trial judge properly directed a verdict.

F. W. Barnett Jr. and C. C. Everroad, doing business as Atlanta Hardwood Products Company, brought suit in trover against the Broadway Apartment Company for the recovery of 678 doors of the value of $9,030. Defendant pleaded: (1) It was a bona fide purchaser for value of the doors from Mackle Construction Company; (2) election of remedies, in that the recording of a material-man’s lien “ was an election to proceed…