Adair Mortgage Co. v. Allied Concrete Enterprises, Inc.

Hill, Justice.

This is a materialman’s lien case. Certiorari was granted to review the Court of Appeals opinion in Adair Mtg. Co. v. Allied Concrete Enterprises, 144 Ga. App. 354 (241 SE2d 267) (1977), where that court held that: "The requirement of the first sentence of Code § 67-2002 [3] 1 as to the time within which an action may be commenced relates to the [materialman’s] action against the contractor and not to the action against the owner of the real estate.” (Matter in brackets added.)

In arriving at that decision the Court of Appeals relied upon two decisions of this court, Lombard v.…