Shirah Contracting Co. v. Waite

Birdsong, Judge.

Appellant, Shirah Contracting Co., Inc. (Shirah), brings this appeal from the partial grant of summary judgment in favor of Mr. and Mrs. Waite. Shirah, as a materialman, performed certain construction work upon a house owned by Mrs. Waite. The last work performed or material furnished occurred in September, 1975. In October, 1975, Shirah submitted invoices calling for the payment of $28,621.24 for its work and services. Upon failure of the Waites to make payment, Shirah filed its lien in December, 1975, stating the amount due as $28,621.24. In February, 1976, Shirah submitted…