Gramling v. Chapman

Citations

• 81 Fla. 362
• 88 So. 258

Syllabus

<p>1. One who furnishes material to a contractor for the construction of a house has a lien upon the premises after due notice to the owner, to the extent only of the amount due by the owner to the contractor at the time of the notice and that may become due to him or his assigns thereafter upon the contract.</p> <p>2. Averments in an answer to a bill to enforce a material man’s lien are not impertinent nor insufficient when construed together they present a complete defense to the suit.</p> <p>3. The mere fact that the owner of a lot upon which a building is being constructed holds the bond of a surety company to indemnify the owner against any loss resulting to him from the default of the contractor does not affect a change in the relation between the owner and sub-contractor.</p>