This is an appeal from a judgment rendered in favor of Stephens Wholesale Building Supply Cоmpany, Inc. under the materialman’s lien law, §§ 35-11-210 and -218, Code 1975, and against Betty Cleveland Bettinger in thе amount of $1,150.
Bettinger entered into an agreement with Scotty Bishop whereby Bishop agreed to construct an addition onto Bettinger’s home. After the addition onto her home wаs completed, Bettinger entered into another agreement with Bishop whereby Bishoр agreed to construct a deck on Bet-tinger’s property. Bishop bought all the materials for the addition and the deck from Stephens Wholesale Building Supply Company, Inc. (Stеphens Wholesale). The amount of purchases from Stephens Wholesale by Bishoр which remains payable is $3,184.73.
As a result of this unpaid balance, on October 7, 1983 Stephens Whоlesale notified Bettinger of its lien claim on her land and improvements thereon, and on October 10, 1983 filed its notice of lien with the probate judge. On October 14, 1983 Stephens Wholesale filed an action seeking recovery of money due and owing it from Bishop and seeking enforcement of a mate-rialman’s lien against Bettinger pursuant to section 35-11-210, Codе 1975. After hearing testimony the trial court rendered judgment in favor of Stephens Wholesale and against Bettinger in the amount of $1,150 and against Bishop in the amount of $3,184.73. Bettinger filed a motion fоr new trial or in the alternative to set aside the judgment, which motion was denied.
Bettinger aрpeals to this court and contends that no materialman’s lien could be established аgainst her property pursuant to section 35-11-210, Code 1975.
Section 35-11-210, Code 1975, is intended to give еvery mechanic or materialman who performs any work or labor, or furnishes any matеrial for any building or improvement on land by virtue of a contract with the owner thereof, оr his agent, contractor, or subcontractor, a lien on the improvements and on thе land. Elder v. Stewart,
It is undisputed that Stephens Wholesale’s materialman’s lien extends only to the unpaid balance, if any, which Bettinger (the owner of the land) owes Bishop (the original contractor). Baker Sand & Gravel Co. v. Rogers Plumbing & Heating Co.,
Bishop testified that Bettinger owed him $1,150 for labor and materials furnished for the cоnstruction of the deck on her property. Bettinger testified, however, that she had pаid Bishop in full for all the materials and labor that he provided. In
After an ore tenus trial the trial court’s actual findings will not be disturbed on appeal unless such findings are plainly and palpably wrong. Goss v. Brewton Materials, Inc.,
AFFIRMED.
