Wager v. Carrollton Bank
Supreme Court of Georgia
Claim. Before Judge Irwin. Carroll superior court. April 19, 1923. B. E. Wager entered into a contract with H. N. Spence in consideration of eighty cents per hour, amounting to $1598, for work and labor, and $4.55 for material furnished, making a total of $1602.55 due to Wager by •Spence upon the completion of the contract, for “ building, improving, and for labor furnished upon certain real estate belonging to Spence, the contract not being in writing.”
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Claim. Before Judge Irwin. Carroll superior court. April 19, 1923. B. E. Wager entered into a contract with H. N. Spence in consideration of eighty cents per hour, amounting to $1598, for work and labor, and $4.55 for material furnished, making a total of $1602.55 due to Wager by •Spence upon the completion of the contract, for “ building, improving, and for labor furnished upon certain real estate belonging to Spence, the contract not being in writing.” Wager alleges in his petition foreclosing his lien that he completed the contract on the 23d day of November, 1920, and upon that date the…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.) The Civil Code (1910), § 3352, provides that “All mechanics of every sort, who have taken no personal security therefor, shall, for work done and material furnished in building, repairing; or improving any real *784estate of their employers, all contractors, materialmen, and persons furnishing material for the improvement of real estate; . . shall each have a special lien on such real estate,” etc. Sec. 3353 provides how mechanics’ liens may be declared and created, as follows: “ 1. A substantial compliance by the party claiming the lien with his contract for…
2Cases cited2 opinions
- Oglethorpe Savings & Trust Co. v. MorganSupreme Court of Georgia · 1920
- Adams v. GoodrichSupreme Court of Georgia · 1875
3Cited by8 opinions
- East Atlanta Bank v. LimbertSupreme Court of Georgia · 1941
- Picklesimer v. SmithSupreme Court of Georgia · 1927
- Strachan Shipping Co. v. Mayor of SavannahSupreme Court of Georgia · 1929
- Gellis v. B. L. I. Construction Co.Court of Appeals of Georgia · 1978
- Murray v. ChulakSupreme Court of Georgia · 1983
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