Lake v. Brannin
Mississippi Supreme Court
From the circuit court of Monroe county. Hon. Eugene O. Sykes, Judge. Brannin, appellee, was plaintiff in the court below; Lake, appellant, was defendant there. From a judgment in favor of defendant the plaintiff appealed to the supreme court. Lake, the appellant, entered into a contract with Wheelis & McCulla, a firm of carpenters, to make certain improvements on his residence for a stipulated price, they to furnish all labor and material necessary.
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From the circuit court of Monroe county. Hon. Eugene O. Sykes, Judge. Brannin, appellee, was plaintiff in the court below; Lake, appellant, was defendant there. From a judgment in favor of defendant the plaintiff appealed to the supreme court. Lake, the appellant, entered into a contract with Wheelis & McCulla, a firm of carpenters, to make certain improvements on his residence for a stipulated price, they to furnish all labor and material necessary. Two parties from whom the carpenters obtained materials, to-wit, Bye and the McMillan-Paine Hardware Company, would not sell to them, but sold…
1Opinion of the CourtMayes, J.
It is not pretended that Lake had ever in any way contracted with appellees to pay them for any of the materials furnished by them to the contractors and to Wheeliss & Mc-Culla. If Lake is liable at all, he is liable by virtue of the *741statute and the proceedings taken by appellees under it, and in no other way. The fact that materials were furnished to the contractors and that the contractors put this material in the building creates no liability on the part of the owner, unless there is a concurrence of one of two things: (1) In order to create any liability on his part, he must have…
2Cited by5 opinions
- Chancellor v. MelvinMississippi Supreme Court · 1951
- Grenada Ready-Mix Concrete, Inc. v. WatkinsDistrict Court, N.D. Mississippi · 1978
- Citizens' Lumber Co. v. NettervilleMississippi Supreme Court · 1924
- Strangi v. WilsonMississippi Supreme Court · 1955
- Chancellor v. MelvinMississippi Supreme Court · 1951