136 Ga. 420 | Ga. | 1911
Meinert & Miller (hereinafter called the plaintiffs), alleging themselves to be “mechanics, contractors, and materialmen,” brought suit against S. B. Burton and I. A. Beed, making in their petition substantially the following allegations: The plaintiffs agreed to furnish lumber and other material to -the defendants to build a house upon certain described premises belonging to Beed. “Said material was contracted for by said S. B. Burton, the carpenter and contractor working for said Beed, and with the consent of the said Beed and by his direction. Said I. A. Beed fully knew that plaintiffs were furnishing material necessary for said buildings, and authorized and directed Burton his said builder to buy as his agent the said material.” The plaintiffs complied with their contract on the 20th of November, 1908, and claimed a lien upon the premises for the amount of the account for material furnished, an itemized statement of which was attached to the petition. Within 60 days from November 20, 1908, their claim of lien was duly recorded, and within 30 days from November 20, 1908, they served written notice of the amount due them and an itemized statement of the account upon Beed. The suit was brought within 12 months from the time the claim became due, and plaintiffs prayed “a general judgment against defendants and each of them for the amount of their said debt aforesaid and a special judgment against said real estate,” and for process. At the conclusion of the evidence, the court directed a verdict against Burton for the amount of the account and “a special lien against the property of defendant I. A. Beed as alleged in plaintiff’s petition for said sum.” The defendants filed exceptions, complaining that the court erred in so directing a verdict, and in other rulings made upon the trial of the case.