Howell v. Cordray
Court of Appeals of Georgia
Lien foreclosure; from city court of Blakely—Judge Sheffield. July 16, 1917. Cordray sued Howell on open account, asking a general judgment in the sum of $258.17, and that a special materialman’s lien be established in his favor on described realty; alleging that for thie .construction of a’certain house located thereon the material shown by the bill of particulars had been furnished and used.
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Lien foreclosure; from city court of Blakely—Judge Sheffield. July 16, 1917. Cordray sued Howell on open account, asking a general judgment in the sum of $258.17, and that a special materialman’s lien be established in his favor on described realty; alleging that for thie .construction of a’certain house located thereon the material shown by the bill of particulars had been furnished and used. In accordance with the verdict a general judgment was entered in favor of plaintiff in the amount sued for, and the special lien as ,,-prayed for was set up and established. The account appears to have…
1Opinion of the CourtJenkins, J.
1. Under the Civil Code (1910), § 3352, a person furnishing material for the improvement of real estate is entitled to a special lien' on the premises so improved; and when, at the time the material is furnished, the owner represents., to the seller that the material contracted for is intended to be used in the improvement- of certain property, and the seller, relying upon that statement, actually and in good faith furnishes’ it for the purpose stated, the owner will be estopped by his representation; and, as between the parties themselves, it is no defense to a proceeding seeking to sot up…
2Cases cited1 opinion
- Rome Hotel Co. v. WarlickSupreme Court of Georgia · 1891
3Cited by6 opinions
- Ingalls Iron Works Co. v. Standard Accident InsuranceCourt of Appeals of Georgia · 1963
- Jackson's Mill & Lumber Co. v. HollidayCourt of Appeals of Georgia · 1963
- Bowen v. CollinsCourt of Appeals of Georgia · 1975
- Bryant v. EllenburgCourt of Appeals of Georgia · 1962
- Koppe & Steinichen v. RylanderCourt of Appeals of Georgia · 1925
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