Legal Opinion

Stewart v. Durham

Court of Appeals of Georgia

Decided September 17, 1920No. 11159Published

Foreclosure of lien;'from Hall superior court — Judge J. B. Jones. November 1, 1919.

1Opinion of the CourtStephens, J.

1. Before a laborer’s lien can be foreclosed it must be shown that the laborer has fully completed the contract. Wall v. Rutherford, 60 Ga. 440; Dexter v. Glover, 62 Ga. 312.

2. While the contract will be treated as fully performed and completed by the laborer when the completion thereof has been prevented by the other party thereto (Ballard v. Daniel, 18 Ga. App. 449, 89 S. E. 603, and cases there cited), yet where a cropper, before completing his contract, demands that the part of the crop which has been gathered be sold, and the demand is refused by the landlord, and it does not appear that…

2Cases cited2 opinions

  1. Ballard v. DanielCourt of Appeals of Georgia · 1916
  2. Dexter v. GloverSupreme Court of Georgia · 1879

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