Carter v. Brady

Citations

• 51 Fla. 404

Syllabus

<p>1. Under the provisions of Chapter 5143 Acts of 1903, an assignment by a contractor of the balance to become due under his contract for building a house will not defeat . . a material man’s lien served before the completion of the building and before the owner has actually paid the balance to the assignee, the balance due being in excess of the material man’s lien.</p> <p>2. Under the provisions of Chapter 5143 acts of 1903, where a contractor assigns the balance due him on an uncompleted contract to build a house, and the owner of the house accepts the assignment upon condition that the assignee will • complete the contract for building the house, and before ; the completion of the contract and before the balance due . • is paid, a material man’s lien is served on the owner for material furnished the original contractor and used in the building, such Hen is binding on the property for an amount not greater than the amount unpaid on the contract at the time of the service of the notice.</p>