Bill filed in the Circuit Court of Jefferson County, in equity, by appellee-complainant against appellant-respondent to enforce a materialman's lien given by Code 1940, Tit. 33, § 37. As a basis for the relief, the bill alleges the following:
The bill also alleges the filing in the office of the Judge of Probate of Jefferson County of the verified statement of lien as required by Code 1940, Tit. 33, § 41.
Respondent demurred to the bill on the ground that it fails to exhibit a copy of the alleged contract and that "the allegations of the bill as to the contract are vague, indefinite, uncertain and insufficient to appraise this respondent of the matters and things she is called upon to defend." From a decree overruling the demurrer, this appeal is taken. Our view is that the demurrer was properly overruled.
Although the contract is neither set out in the bill nor made an exhibit thereto, we think its terms are sufficiently stated. "It is permissible in pleading a contract to state its substance and legal effect." Schley v. Cleaners Hanger Co., 252 Ala. 430, 433, 41 So.2d 593, 596. And when a bill to enforce a materialman's lien avers facts sufficient to entitle complainant to recover on the common counts, and shows compliance with the Statute, Code 1940, Tit. 33, § 41, supra, requiring the filing of a verified statement of lien, the bill is sufficient. Burge v. Morgan, 257 Ala. 558, 560, 59 So.2d 795; Roobin v. Grindle, 219 Ala. 417, 418, 122 So. 408. Such is this case. Furthermore, the averments of the bill bring it within the statute giving the lien, Code 1940, Tit. 33, § 37, supra, the statute giving a concurrent remedy in equity, Code 1940, Tit. 33, § 48, and the statute prescribing how such a suit shall be brought and the contents of the complaint, Code 1940, Tit. 33, § 49.
LIVINGSTON, C. J., and SIMPSON and CLAYTON, JJ., concur.