Lake v. Brannin

Citations

• 90 Miss. 737
• 44 So. 65

Syllabus

<p>Mechanic’s Lien, Materialmen. Gode 1906, §§ 3058, 3074. Nothing due mechanic. Accounting.</p> <p>An owner who employed a mechanic to furnish materials and improve a house for him is not, nor is the house, liablé in a suit hy third parties, materialmen, to enforce the lien given by Code 1906, § 3058, unless he be indebted to the mechanic on the contract price when notified, as provided by Code 1906, § 3074, of plaintiff’s claim; and he is to he credited with any sum paid or agreed to be paid by him to others, before such notice, for materials used in the building.</p>