Buffalo Forge Co. v. Southern Railway Co.

(After stating the foregoing facts.) A materialman who furnishes material to a subcontractor for the improvement of real estate is not entitled to a lien upon the property so improved, where the subcontractor has no contractual relation with the owner of the realty. General Supply Co. v. Hunn, 126 Ga. 615 (55 S. E. 957). The question for decision in this case is whether the Seeley company was a subcontractor. If so, the judgment of the superior court was correct, but if this company was a contractor, and not a mere subcontractor, the plaintiff was entitled to its lien and the court erred in…