Brink v. Bartlett

Citations

• 105 La. 336

Syllabus

<p>Syllabus.</p> <p>1. The creditor lias tlie right to sue the debtor and'his surety and if the surety is entitled to the benefit of discussion, he may, after judgment, have the property of the principal first seized and sold.</p> <p>2. Tinder Statute 180 of 1894, the bonds of the contractor and of his surely must respond to the laborer’s and material man's claim for labor performed or material furnished for constructing the building, although the work was performed with the material furnished to one who had a mortgage with the contractor. The contractor is liable under the statute although no attested account has ever been served on the owner.</p> <p>3. The contractor who has seen the work performed and the material furnished in constructing the building, is not in a situation to deny his liability, on the ground that he has not been notified. The surety on his bond is held to the same liability.</p>