51 Ark. 302 | Ark. | 1888
In the case under consideration, the plaintiff was a laborer employed by one who had contracted with the owner, who is the defendant, to construct a building for him. There was sufficient testimony to sustain the verdict, to the effect that the plaintiff had notified the owner that he was at work on the building at a given sum per day, and that he would continue his labor, but would hold him responsible for his pay. The lien claimed was for payment of wages due for a part of the week immediately succeeding the notice. The owner paid the contractor therefor, after the notice had been given and the labor performed. But that did not displace the laborer’s right to a lien as before stated. It is argued that his claim should fail because (1) the plaintiff’s statement of account having been made out as though to enforce the lien of a principal contractor, cannot be made the basis of a subcontractor’s lien; and (2) because no statement in writing of the account was ever furnished to the owner of the premises sought to be charged.
The contractor ought regularly to have been made a party to the action in order that the judgment might operate as a bar to a suit by him against the defendant for the same claim. But no objection has been made on that score.
Affirm.