Massachusetts Bonding & Insurance v. Realty Trust Co.
Supreme Court of Georgia
Equitable petition. Before Judge Ellis. Eulton superior court. July 5, 1913. The Bealty Trust Company contracted with H. L. Stevens to build a theater and office building. The contractor gave a bond, with the Massachusetts Bonding and Insurance Company as his surety, conditioned for the faithful performance of his contract.
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Equitable petition. Before Judge Ellis. Eulton superior court. July 5, 1913. The Bealty Trust Company contracted with H. L. Stevens to build a theater and office building. The contractor gave a bond, with the Massachusetts Bonding and Insurance Company as his surety, conditioned for the faithful performance of his contract. Before the building was completed the Bealty Trust Company. brought its equitable petition against Stevens, the surety on his bond, and various lien claimants, alleging that Stevens had not completed the building and had abandoned the work, and that it would take large…
1Opinion of the CourtAtkinson, J.
(After stating the foregoing facts.)
1. It was contended that the finding of the auditor, that the subcontractors were entitled to liens for the several amounts reported by him, was erroneous for a number of reasons: among them, because the material furnished by the subcontractors was furnished after March 1, 1910, and that up to that time all material purchased or used by the contractor in the construction of the building had been paid for. Several arguments were presented in support of this contention, but the evidence introduced before the *503auditor does not appear in the record before the…
2Cases cited6 opinions
- Lombard v. Trustees of the Young Men's Library Ass'n FundSupreme Court of Georgia · 1885
- Tuck v. Moss Manufacturing Co.Supreme Court of Georgia · 1907
- Pike Bros. Lumber Co. v. MitchellSupreme Court of Georgia · 1909
- Chamlee Lumber Co. v. CrichtonSupreme Court of Georgia · 1911
- Savannah & Charleston Railroad v. CallahanSupreme Court of Georgia · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Short & Paulk Supply Co. v. DykesCourt of Appeals of Georgia · 1969
- Gignilliat v. West Lumber Co.Court of Appeals of Georgia · 1949
- Peachtree Roxboro Corp. v. United States Casualty Co.Court of Appeals of Georgia · 1960
- M.C. Anderson v. GoldenDistrict Court, S.D. Georgia · 1982
- Star Manufacturing, Inc. v. EdenfieldCourt of Appeals of Georgia · 1989
20 more not listed; retrieve them via the Exa API.