Charlotte Pipe & Foundry Co. v. Southern Aluminum Co.
Supreme Court of North Carolina
Civil actioN tried before Justice, J., at May Term, 1916, of StaNly. Tbis is an action, brought by plaintiff, the Charlotte Pipe and Foundry Company, for the purpose of enforcing' a lien against the property of the Southern Aluminum Company, owner, on account of materials furnished to Stier-March Contracting Company, contractor.
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Civil actioN tried before Justice, J., at May Term, 1916, of StaNly. Tbis is an action, brought by plaintiff, the Charlotte Pipe and Foundry Company, for the purpose of enforcing' a lien against the property of the Southern Aluminum Company, owner, on account of materials furnished to Stier-March Contracting Company, contractor. The defendant, the Southern Aluminum Company, admits that the plaintiff’s claim is for materials and supplies furnished to and used by Stier-March Contracting Company, contractor, on the land and in the improvement of the land of the said Southern Aluminum Company,…
1Opinion of the CourtAllest, J.
The lien for labor done and materials furnished is given by statute to enforcq the payment of a debt, and the general principle underlying the lien laws is that the relation of debtor and creditor must exist and that there can be no lien without a debt (Boone v. Chatfield, 118 N. C., 916; Weathers v. Borders, 124 N. C., 610); and it was therefore held in Wilkie v. Bray, 71 N. C., 205, that as there is no contractual relation between tbe owner of property and one who furnishes materials to the contractor, that the subcontractor could not have the benefit of the lien.
Soon after this decision,…
2Cases cited7 opinions
- Morganton Manufacturing & Trading Co. v. AndrewsSupreme Court of North Carolina · 1914
- Bond v. Pickett Cotton Mills, Inc.Supreme Court of North Carolina · 1914
- Weathers v. BordersSupreme Court of North Carolina · 1899
- Morganton Hardware Co. v. Morganton Graded SchoolSupreme Court of North Carolina · 1909
- Wilkie v. . N. A. BraySupreme Court of North Carolina · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Schnepp v. . RichardsonSupreme Court of North Carolina · 1942
- Brown v. . WardSupreme Court of North Carolina · 1942
- National Surety Co. v. County Board of Education of McDowell CountyCourt of Appeals for the Fourth Circuit · 1926
- Lowndes Hill Realty Co. v. Greenville Concrete Co.Supreme Court of South Carolina · 1956
- Mace v. Bryant Construction Corp.Court of Appeals of North Carolina · 1980
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