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MICHAEL FLYNN MFG. CO. v. J.L. COE CONSTRUCTION CO.

No. 234.

131 S.E.2d 487 (1963)

259 N.C. 649

MICHAEL FLYNN MANUFACTURING COMPANY, a Corporation, v. J. L. COE CONSTRUCTION COMPANY, Inc., Cutter Realty Company, Inc., Emery Inman, Trustee and North Carolina National Bank.

Supreme Court of North Carolina.

June 14, 1963.

Attorney(s) appearing for the Case

Osborne & Griffin, by Wallace S. Osborne, Charlotte, for defendant Cutter Realty Co., Inc., appellant.

Harkey, Faggart & Coira, by Harry E. Faggart, Charlotte, for plaintiff-appellee.

PARKER, Justice.

Defendant Cutter has one assignment of error based on one exception, and that is to the judgment.

Plaintiff's contract is not with the owner, Cutter, but with the principal contractor, Coe. In the Special Session, 1880, N.C. Laws, ch. 44, the General Assembly first made provision for a lien for subcontractors. The present statutes giving such a lien appear in G.S. § 44-6 et seq.

In Schnepp v. Richardson, 222 N.C. 228, 22 S.E.2d...

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