West Lumber Co. v. Aderhold

The petition here was in effect two causes of action—one for a general judgment against the contractor, and the other to obtain a materialman’s lien on the owner’s property. Before a lien can be foreclosed for materials furnished to a contractor, there must be a valid judgment against the contractor for the price of the material (Code, Ann. Supp., § 67-2002, catchword “Contractor”), but the two actions may be brought concurrently. Castleberry v. Johnston, 92 Ga. 499 (17 S. E. 772); Thurman v. Willingham, 18 Ga. App. 395 (89 S. E. 442). Where the two actions are combined in the same petition,…