7 S.E.2d 83 | Ga. Ct. App. | 1940
The court did not err in overruling the motion for new trial.
Where certain parties owning a life-estate in real property, who, for the purposes of this decision are assumed to have the required authority, entered into an express contract with a plumbing and heating company for the furnishing and installing of certain heating equipment on their real estate, a purported lien filed by a materialman more than three months after the delivery of the last item furnished to the contractor for work done under the contract was not filed in time to perfect the lien against the property involved. Such a lien must be filed within three months from the date the last item was furnished under the particular contract for *634
the purposes of which the material is furnished. Thus, if an owner of real estate makes an express contract with a contractor for heating equipment, and before the work is finished makes a separate and distinct contract for plumbing, the items furnished under each are separate and distinct, and the delivery dates under one contract may not be used for the purpose of perfecting a lien under the other. Aliter, if all the material were furnished under one and the same contract. Lyon v. CedartownLumber Co.,
Judgment affirmed. Stephens, P. J., and Sutton, J., concur. *635