Rome Hotel Co. v. Warlick
Supreme Court of Georgia
Liens. Judgments. Contracts. Evidence. Charge of court. Verdict. Practice. Before Judge Maddox. Eloyd superior court. March term, 1890. Warlick, Wingate & Mell sued the Rome Hotel Company on account for $2,691.63, a balance claimed to be due them for work and labor done and materials furnished on and in building the hotel of defendant, and in doing plumbing, gas-fitting and other work thereon ; aud also to declare aud set up a lien on the hotel building and grounds, for such…
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Liens. Judgments. Contracts. Evidence. Charge of court. Verdict. Practice. Before Judge Maddox. Eloyd superior court. March term, 1890. Warlick, Wingate & Mell sued the Rome Hotel Company on account for $2,691.63, a balance claimed to be due them for work and labor done and materials furnished on and in building the hotel of defendant, and in doing plumbing, gas-fitting and other work thereon ; aud also to declare aud set up a lien on the hotel building and grounds, for such balance. The defendant pleaded not indebted. Also, that the account was uniust, and the work negligently and…
1Opinion of the Court
Simmons, Justice.
1. The facts in this case will be found in the official report. Under these facts the trial judge did not err in overruling the motion in arrest of judgment set out in the bill of exceptions. A part of the lien claimed on the hotel by the defendants in error, was for extra work for which no price had been agreed upon by the parties. The plaintiffs in the court below claimed a lien for $2,691.63. This included the work and material specified in the written contract, and extra work and material for which there was no written contract and no agreed price. The jury found a…
2Cited by5 opinions
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- Howell v. CordrayCourt of Appeals of Georgia · 1918