Brown v. Marbut-Williams Lumber Co.

(After stating the foregoing facts.)

It is a well-recognized rule of law that a party can not in the same action pursue two inconsistent remedies, but he can obtain judgment on an open account for materials furnished and in the same action establish his materialman’s lien. Parish v. Murphey, 51 Ga. 615. In the case of Belmont Farms v. Dobbs Hdwe. Co., 124 Ga. 827 (1) (53 S. E. 312), it was held: “The taking of a promissory note for an amount -due on an account, which is the basis of a mechanic’s, materialman’s, or contractor’s lien, in the absence of an express agreement, will not, until the…