George Kellett & Sons, Inc. v. Dickerson

SCHOTT, Judge.

Plaintiff supplied building materials to defendant’s contractor and brought this suit against the owners to assert a claim and a lien under LSA-R.S. 9:4812. Plaintiff alleged that the materials were delivered between September 12 and December 15, 1978, and that it recorded by its lien on February 22, 1979.

Defendants filed an exception of no right of action which was maintained by the trial court. From that judgment dismissing plaintiff’s suit it has appealed.

Under C.C.P. Art. 927 the exception of no right of action is defined as “no interest in the plaintiff to institute the…