477 So. 2d 300 | Ala. | 1985
This case arises from the construction of a new church building for the First Assembly of God Church (Church) located in Oak Grove, Alabama, and the supplying of church pews and other items by Glenn and Eloise Kilgore, d/b/a Rainsville Church Pew Company (these parties will be referred to as Rainsville). The church pews were installed, but Rainsville was not paid. Having not been paid for the materials, Rainsville filed a materialman's lien pursuant to Code 1975, §
The evidence produced at trial developed the following facts. The First Assembly of God Church, Inc., was a non-profit corporation which entered into a construction contract with Burton Church Building Company (Burton) in June 1981. The Church entered into a Trust Indenture Mortgage with the National City Bank of Minneapolis to finance construction, and the mortgage was properly recorded on February 26, 1982. The construction contract with Burton provided that Burton would supply all the materials and labor necessary to complete the construction and included a clause providing that Burton would supply the church pews.
Sometime in early 1982, Jesse Henon, a sales representative of Rainsville, learned of the Church's construction process through a friend who was a member of the congregation. Through the friend, Henon was introduced to Rev. Don Davis, who was the pastor of the Church and president of the corporation. Several meetings between Henon and Reverend Davis occurred. After one such meeting, a sample church pew end was left with Reverend Davis for inspection. When Henon returned later to pick up the sample, he was told to go to Burton to pick up a 10% deposit for the work to be done by Rainsville. Henon went to Burton, which promptly issued the check on the Burton Church Building Company checking account.
In late October 1982, Rainsville installed the pews in the Church, but was not paid. After contacting the Church, it attempted to get the payment from Burton, but was unsuccessful. In November 1982, Burton filed for bankruptcy, listing Rainsville as a creditor, and abandoned the construction of the Church's building. Rainsville then filed its materialman's lien in the amount of $19,658.08 on February 16, 1983, and instituted this action to have the lien established and declared to have priority over the Bank's mortgage.
There are two issues presented by Rainsville on appeal. The first issue is whether the trial court erred by finding that neither an express nor an implied contract arose between Rainsville and the Church concerning the supplying of the pews. The second issue is whether the trial court erred by determining that Rainsville's actions did not comply with the statutory requirements to establish a materialman's lien on the Church property and that any lien that was established was inferior to the Bank's mortgage. Because the evidence in this case was presented to the trial court sitting without a jury, the review of these issues must be made with regard to the ore tenus rule, and the trial court's finding of facts will not be disturbed unless palpably wrong, manifestly unjust, or clearly erroneous. Barrett v. Odom, May, DeBuys,
In determining whether an express or implied in fact contract had arisen between *302
the parties, the trial court had to determine whether the elements of a contract existed. The elements of a contract are: (1) an agreement, (2) consideration, (3) two or more contracting parties, (4) a legal object, and (5) capacity.Freeman v. First State Bank of Albertville,
With respect to the second issue, Rainsville contends that the trial court was in error when it determined that Rainsville was not entitled to a materialman's lien. The court made this determination based on its decision that Rainsville had not complied with the notice provisions of Code 1975, §
In Alabama, for a notice of lien given by a material supplier to have legal effect, it must be in substantial compliance with the Code provisions. Harris Paint Co. v. Ripps,
Accordingly, the judgment is affirmed.
AFFIRMED.
MADDOX, ALMON, SHORES and ADAMS, JJ., concur.