157 S.E.2d 68 (Ga.App. 1967), 42660, D. H. Overmyer Warehouse Co. v. W. C. Caye & Co.

Citation: 157 S.E.2d 68, 116 Ga.App. 128

Opinion Judge: EBERHARDT, Judge.

Party Name: D. H. OVERMYER WAREHOUSE COMPANY et al. v. W. C. CAYE & COMPANY, Inc.

Attorney: (b) No lien can be foreclosed against the owner of realty for materials furnished to improve it until a judgment has been obtained against the contractor to whom the materials were sold, absent any of the excusing circumstances provided in Code Ann.

Judge Panel: FELTON, C.J., BELL, P.J., and HALL, PANNELL, DEEN and QUILLIAN, JJ., concur. JORDAN, P.J., and JOSLIN, J., dissent. JORDAN, Presiding Judge (dissenting).

Case Date: Friday June 30, 1967

Court: Georgia Court of Appeals