Doyle Dickerson Co. v. Durden

McMurray, Presiding Judge.

This is an unusual action seeking damages for the conversion of funds. Plaintiff Doyle Dickerson Company was a subcontractor on a construction project and in that capacity provided labor and materials to the M. E. Durden Construction Company, Inc. (hereafter “Durden, Inc.”). While Durden, Inc. was paid in full for the labor and materials provided on the project, it did not pay plaintiff but expended the funds it had received to pay for other expenses. Plaintiff did not exercise its lien rights and they expired.

The complaint maintains that the funds received by…