Legal Opinion

General Supply Co. v. Hunn

Supreme Court of Georgia

Decided November 9, 1906PublishedCited by 9 opinions

Foreclosure of lieu. Before Judge Pendleton. Fulton superior court. December 16, 1905. The General Supply Company brought an action against F. E. Hunn, Herman Seydel, and J. G. Smith, to foreclose a material-man's lien which it claimed against real estate of Hunn and Seydel, by reason of its having furnished plumbing material to Smith, which was used in improving the property.

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Foreclosure of lieu. Before Judge Pendleton. Fulton superior court. December 16, 1905. The General Supply Company brought an action against F. E. Hunn, Herman Seydel, and J. G. Smith, to foreclose a material-man's lien which it claimed against real estate of Hunn and Seydel, by reason of its having furnished plumbing material to Smith, which was used in improving the property. The second paragraph of the amended petition alleges, “that J. G. Smith was the subcontractor employed to do the aforesaid plumbing, and that .said material was furnished to him as such;” that “the original contractor…

1Opinion of the CourtAtkinson, J.

The plaintiff, under the Civil Code, § 2801, par. 2, as amended by the act of 1897 (Acts 1897, p. 30) and the act of 1899 (Acts 1899, p. 33), seeks to foreclose a lien for the value of certain material furnished by it which went toward the improvement of'the property of the defendants. This court has construed this law 'as operating to give a lien only to materialmen who have furnished material for the improvement of real estate “to one who occupied the legal relation of a contractor, or to one who had some contractual relation with the true owner in connection with the improvements to be…

2Cases cited3 opinions

  1. Prince v. Neal-Millard Co.Supreme Court of Georgia · 1906
  2. Pittsburgh Plate Glass Co. v. Peters Land Co.Supreme Court of Georgia · 1905
  3. Heard v. HolmesSupreme Court of Georgia · 1901

3Cited by9 opinions

  1. Ingalls Iron Works Co. v. Standard Accident InsuranceCourt of Appeals of Georgia · 1963
  2. Carr & Co. v. WittSupreme Court of Georgia · 1912
  3. Buffalo Forge Co. v. Southern Railway Co.Court of Appeals of Georgia · 1931
  4. George W. Muller Bank Fixture Co. v. Georgia State Savings Ass'nSupreme Court of Georgia · 1915
  5. Jordan Co. v. Bethlehem Steel Corp.District Court, S.D. Georgia · 1970

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