Home Mart Building Centers, Inc. v. Jones

Pannell, Presiding Judge.

1. Where a contractor for the construction of a dwelling upon realty purchases materials to be used therein, the debt for the materials is due when the last material is delivered within the meaning of Code § 67-2002 (3) providing the materialman must bring "an action for the recovery of the amount of his claim within 12 months of the time the same shall become due,” unless there is an agreement to the contrary when the materials are purchased. Dunning & Tuttle v. Stovall, 30 Ga. 444 (1). A mere agreement to extend this due date, once established, will not operate to…