Parnell-Martin Supply Co. v. High Point Motor Lodge, Inc.

BRANCH, Justice.

One who has furnished materials used in the construction of a building under contract with a subcontractor may recover pursuant to Chapter 44 of the General Statutes when he proves (1) that materials were furnished to someone having contractual relations to the work, (2) a balance due him, (3) notice to the owner as required by statute prior to payment of the contract price by the owner to the principal contractor, (4) a balance due the contractor. The law requires the owner to apply the unexpended contract price due the contractor towards payment of the claims of…