Farrer v. Edwards
Supreme Court of Georgia
Lien foreclosure. Before Judge Brand. Fayette superior court. December 5, 1914. T. B. Farrer brought suit alleging that he had entered into a contract with the defendant, J. T. Edwards, under the terms of which the plaintiff was to do certain building and remodeling and to make certain improvements upon specified buildings, for which the defendant was to pay him a stated sum, that being the actual expense incurred in making the improvements.
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Lien foreclosure. Before Judge Brand. Fayette superior court. December 5, 1914. T. B. Farrer brought suit alleging that he had entered into a contract with the defendant, J. T. Edwards, under the terms of which the plaintiff was to do certain building and remodeling and to make certain improvements upon specified buildings, for which the defendant was to pay him a stated sum, that being the actual expense incurred in making the improvements. Plaintiff complied with his contract and completed it on September 13,- 1910. He claimed a lien upon the real estate and had recorded his claim of lien…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.)
1. While the bill of exceptions, as appears from the statement of facts, recites that the oral demurrer was sustained, apparently no order was taken sustaining it, but the plaintiff was allowed to amend, as was set forth in the bill of exceptions. Construing these two recitals together, they must be taken to mean that the court, after announcing that the demurrer was sustained but before a judgment was taken to that effect, allowed the plaintiff to amend, and that the exception is really to an order which forced the plaintiff to amend. In that case the…
2Cited by12 opinions
- Wade v. DrinkardCourt of Appeals of Georgia · 1947
- Maddox v. Life & Casualty InsuranceCourt of Appeals of Georgia · 1949
- McConnell v. Frank E. Block Co.Court of Appeals of Georgia · 1921
- Graham v. PhinizySupreme Court of Georgia · 1949
- Stenger v. WellerCourt of Appeals of Georgia · 1933
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