Phoenix Air Conditioning Co. v. Al-Carol, Inc.

Been, Judge.

The plaintiff Phoenix Air Conditioning Co., Inc., a subcontractor of Atlanta Contractors & Engineers, Inc., which had done work for the defendant owner, Al-Carol, Inc., filed a claim of lien on the property and commenced foreclosure. The owner defended on the ground that the lien had been dissolved by its procurement of the general contractor’s sworn affidavit that the agreed price had been paid under Code Ann. § 67-2001 (2); moved for, and was granted, a summary judgment. The order from which this appeal is taken recites in part: "After consideration of the pleadings, affidavits,…