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MONTGOMERY v. RICHARDS BUILDING MATERIALS, INC.

45446.

122 Ga. App. 472 (1970)

177 S.E.2d 507

MONTGOMERY et al. v. RICHARDS BUILDING MATERIALS, INC. et al.

Court of Appeals of Georgia.

Decided September 22, 1970.

Rehearing Denied September 22, 1970.

Attorney(s) appearing for the Case

Grizzard, Jones, Parker & Simons, Charles D. Read, Jr., for appellants.

Hilliard & Head, H. Garland Head, III, for appellees.

PANNELL, Judge.

1. The provisions of Code § 67-2002 that to make good a lien the materialman must commence "an action for the recovery of his claim within twelve months from the time the same shall be due" relates to the action against the contractor rather than an action against the owner to enforce the lien. Buck v. Tifton Mfg. Co., 4 Ga.App. 695, 696 (62 SE 107). This ruling, however, does not so control the meaning of similar language in the...

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