G. W. Jefferson & Bros. v. Bryant
Supreme Court of North Carolina
Appeal by defendant from Cline, J., at September Term, 1912, of Pitt. In the summer of 1909 the plaintiffs contracted with the defendant, Cherry Bryant, to furnish the material for and to build a house for her upon a lot owned by the said defendant, Cherry Bryant, in the town of Fountain, for the sum of $250 for a turnkey job.
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Appeal by defendant from Cline, J., at September Term, 1912, of Pitt. In the summer of 1909 the plaintiffs contracted with the defendant, Cherry Bryant, to furnish the material for and to build a house for her upon a lot owned by the said defendant, Cherry Bryant, in the town of Fountain, for the sum of $250 for a turnkey job. The plaintiffs built said house according to contract, furnishing the material and all labor necessary, completing the house during April or May, 1910. On 15 December, 1909, plaintiffs received from the defendant, Cherry Bryant, the sum of $50, and on 24 March, 1910,…
1Opinion of the CourtAllen, J.
Tbis action is to enforce a lien under section 2026 of tbe Revisal, wbicb requires tbat “all claims shall be filed in detail, specifying tbe materials furnished or labor performed, and the time thereof,” and it bas been uniformly held, in construing tbis statute, tbat there must be a substantial com pliance witb its terms, and that the statement o£ time is material. Wray v. Harris, 77 N. C., 77; Cook v. Cobb, 101 N. C., 68.
The headnote to the Coolc case, which is fully sustained by the opinion, is that, “It is essential to the validity of a laborer’s lien that the 'claim’ or notice which he…
2Cases cited6 opinions
- Lindley v. CrossIndiana Supreme Court · 1869
- Goss v. StrelitzCalifornia Supreme Court · 1880
- Cogdell, Assignee v. . ExumSupreme Court of North Carolina · 1873
- Cook v. . CobbSupreme Court of North Carolina · 1888
- Wray v. HarrisSupreme Court of North Carolina · 1877
1 more not listed; retrieve them via the Exa API.
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- E. J. Hollingsworth Co. v. Continental-Diamond Fibre Co.Superior Court of Delaware · 1934
- Mann v. . MannSupreme Court of North Carolina · 1918
- Mebane Lumber Co. v. Avery & Bullock Builders, Inc.Supreme Court of North Carolina · 1967
- Lowery v. HaithcockSupreme Court of North Carolina · 1953
- Grier-Lowrance Construction Co. v. Winston-Salem Journal Co.Supreme Court of North Carolina · 1930
4 more not listed; retrieve them via the Exa API.