VICTORY LUMBER CO. v. ELLISON

36526.

95 Ga. App. 105 (1957)

97 S.E.2d 334

VICTORY LUMBER COMPANY v. ELLISON.

Court of Appeals of Georgia.

Rehearing Denied February 12, 1957.


Attorney(s) appearing for the Case

Gilbert E. Johnson, James E. McAleer, for plaintiff in error.

Owen H. Page, Jr., Charles L. Sparkman, contra.


QUILLIAN, J.

Prior to the passage of the amendments of 1941 and 1952 to Code § 67-2002 (3) it was, without exception, a condition precedent to the enforcement of a materialman's lien against the property of the owner, for materials furnished a contractor, that the plaintiff obtain a valid judgment against the contractor for the price of the materials. Mauck v. Rosser, 126 Ga. 268 (55 S. E. 32); Lombard v. Trustees of Young Men's Library...

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