Roberts & Johnson Lumber Co. v. Horton

The question for decision is whether the evidence suffices to overcome the demurrer. The trial court thought not, and we agree.

It is clear that under tbe decisions in Rose v. Davis, 188 N.C. 355, 124 S.E. 576, and Payne v. Flack, 152 N.C. 600, 68 S.E. 16, tbe plaintiffs can enforce no lien against tbe building for materials furnished tbe contractor. Tbe owners paid in advance for more than what tbe contractor bad earned up to tbe time be quit tbe job, and at no time thereafter was be entitled to further compensation under bis agreement. This defeats tbe plaintiffs’ lien. Dixon v. Ipock, 212…