Chambers Lumber Co. v. Martin

Franicum, Judge.

Where material has been furnished to a contractor or subcontractor for the improvement of real estate, in a suit against the owner to foreclose a materialman’s lien on such real estate the plaintiff must allege, in addition to other essentials, that he has brought a suit against the contractor or subcontractor, as the case may be, to whom the material was furnished, and, unless the case is one within the exceptions enumerated under Code § 67-2002, as amended, that a judgment against such contractor has been obtained. Victory Lumber Co. v. Ellison, 95 Ga. App. 105 (97 SE2d…