George Kellett & Sons, Inc. v. Schwartz Industries, Inc.

JANVIER, Judge.

This is a suit by a furnisher of materials against a contracting corporation and its surety on a building contract and the owners of the property on which the work was done. The object of plaintiff is to enforce its lien and privilege which, by LSA-R.S. 9:4801, is granted to the furnisher of materials who properly and timely records a lien and privilege.

There is no dispute over the portion of the claim which represents the actual cost of the materials, $140.60, nor over the liability for the actual charge of the Recorder of Mortgages for the recording of the lien affidavit,…