ROBERTS & JOHNSON LUMBER CO. v. HORTON

No. 167.

61 S.E.2d 100 (1950)

232 N.C. 419

ROBERTS & JOHNSON LUMBER CO. et al. v. HORTON et al.

Supreme Court of North Carolina.

September 27, 1950.


Attorney(s) appearing for the Case

W. E. Anglin, Burnsville, for plaintiffs, appellants.

L. B. Prince, Hendersonville, for defendants, appellees.


STACY, Chief Justice.

The question for decision is whether the evidence suffices to overcome the demurrer. The trial court thought not, and we agree.

It is clear that under the decisions in Rose v. Davis, 188 N.C. 355, 124 S.E. 576, and Payne v. Flack, 152 N.C. 600, 68 S.E. 16, the plaintiffs can enforce no lien against the building for materials furnished the contractor. The owners paid in advance for more than what the contractor had earned up to the time...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases