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SOUTHERN MATERIALS COMPANY v. MARKS

83 S.E.2d 353 (1954)

196 Va. 295

SOUTHERN MATERIALS COMPANY, Incorporated, v. Bella B. MARKS, Keeve Marks, Lucy C. Sims, Administratrix of the Estate of Frank Sims.

Supreme Court of Appeals of Virginia.

September 8, 1954.

Attorney(s) appearing for the Case

Hirschler & Fleischer, Richmond, for appellant.

William C. Parkinson, Wallerstein, Goode, Adamson & Dobbins, Richmond, for appellees.

Before EGGLESTON, SPRATLEY, BUCHANAN and SMITH, JJ.

BUCHANAN, Justice.

This is a suit in equity brought to enforce a mechanic's lien, Code § 43-22. The only question to be decided is whether it was brought in time.

Southern Materials Company, Incorporated, subcontractor, Code § 43-1, furnished materials to Frank Sims, general contractor, for use in erecting a building for Bella B. Marks and Keeve Marks, the owners. The material so furnished was ready-mixed concrete, the bills for which amounted to...

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