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EUBANK v. BARBER-COLMAN CO.

42301, 42302, 42303.

115 Ga. App. 217 (1967)

154 S.E.2d 638

EUBANK v. BARBER-COLMAN COMPANY. BUILDINGS INVESTMENT, INC. v. BARBER-COLMAN COMPANY. SELIG et al., Executors v. BARBER-COLMAN COMPANY.

Court of Appeals of Georgia.

Decided February 15, 1967.

Attorney(s) appearing for the Case

Candler, Cox, McClain & Andrews, Edward Andrews, for Eubank.

Sams & Sams, Augustine Sams, Marion A. Sams, for Barber-Colman Co.

Fine & Rolader, D. W. Rolader, Joseph J. Fine, for Buildings Investment and Selig.

BELL, Presiding Judge.

Barber-Colman Company brought this action against Alberta Eubank and other defendants to foreclose a lien for materials furnished in the improvement of certain real estate. Plaintiff's amended petition shows that the materials were furnished to and at the instance of a subcontractor, Seckinger Sons Co., Inc. Thereafter Seckinger Sons Co., Inc. was adjudicated a bankrupt. Plaintiff has not brought suit against the subcontractor.

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