110 Ga. 816 | Ga. | 1900
Thurmond exhibited a petition against the Cedar Spring Baptist Church and others. He alleged that he was a mechanic and contractor; that as such, in 1896, he contracted with the Cedar Spring Baptist Church by and through its agents and building committee and deacons, Gibson, Richardson, Janes, Howard, Jackson, and Stinson, to erect and build for the Oedar Spring Baptist Church a new church building on a lot owned by said church, for a stipulated price; that he completed the same according to contract, except certain parts, and as to those the building committee failed to furnish material and otherwise prevented him from doing so, averring his readiness to entirely complete the same according to contract when permitted by said church; that the cost of fully completing it would not exceed the sum of twenty dollars, and his failure so to complete was caused by the defendants, who would not allow him to do so. He further shows that he filed his claim of lien against said church building and the land upon which it was situated, and that the defendants were due him $251 balance. The suit was instituted to enforce his lien against the property. To this petition both a demurrer and an answer were filed in behalf of the Oedar Spring Baptist Ohurch. On the hearing, a motion was made to dismiss the case, on the ground that it did not appear that the Oedar Spring Baptist Ohurch was a corporation, and the case was not properly brought against said church. This motion was sustained and the petition was dismissed, to which ruling the plaintiff in error excepted.
While Gibson, Richardson, and others were named as the
Judgment affirmed.