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PARNELL-MARTIN SUP. CO. v. HIGH POINT MOT. LODGE, INC.

No. 24.

177 S.E.2d 392 (1970)

277 N.C. 312

PARNELL-MARTIN SUPPLY CO., Inc., a corporation v. HIGH POINT MOTOR LODGE, INC., Owner (and contracting party for improvements), Talton Construction Company, Inc., Contractor, and E. R. Woolard, d/b/a Quality Plumbing and Heating Company, Subcontractor.

Supreme Court of North Carolina.

November 18, 1970.

Attorney(s) appearing for the Case

Newitt & Newitt, Charlotte, for plaintiff.

Sanders, Walker & London, Charlotte, and Wallace, Langley & Barwick by James D. Llewellyn, Kinston, for defendants Talton Construction Co. and High Point Motor Lodge, Inc.

BRANCH, Justice.

One who has furnished materials used in the construction of a building under contract with a subcontractor may recover pursuant to Chapter 44 of the General Statutes when he proves (1) that materials were furnished to someone having contractual relations to the work, (2) a balance due him, (3) notice to the owner as required by statute prior to payment of the contract price by the owner to the principal contractor, and (4) a balance due the...

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