Richardson Lumber Co. v. Howell

There is equity in the hill in the effort to enforce the materialman’s lien on several houses and lots, the subject of one contract. There is averred the required unity of contract to furnish the material foi- the erection of the several houses of respondents on their lands, and the satisfaction sought is out of the alleged unpaid balance due by the owners when they received the required notices. In Wade v. Wyker, 171 Ala. 466, 55 So. 141, the effort was to subject an unpaid balance due by the owner, to the contractor, as was the purpose of this suit, and it is there observed that such a bill…