Saye v. Athens Lumber Co., Inc.

On the first appearance of this case before this court it was held that the evidence demanded a verdict finding a lien on Mrs. Burton’s property in the full amount of the claim against the contractor and that the trial court erred in overruling the plaintiff’s motion for new trial.

On the second trial the defendant property owner amended her answer so as to allege as a defense that she had paid the full contract price to the now deceased contractor, that he had applied this money to outstanding claims by laborers and materialmen, and that therefore she was not liable to the plaintiff in any…