Lhote Lumber Mfg. Co. v. Dugué

Citations

• 115 La. 670
• 39 So. 803
• 1905 La. LEXIS 717

Syllabus

<p>1. Mechanics’ Liens — Bond of Contractor</p> <p>—Sufficiency.</p> <p>A contractor’s bond payable to the owner of the building and conditioned for the faithful performance of the building contract to the satisfaction of the owner, is not such a bond as is required by the provisions of Act No. 180, p. 223, of 1894, for the protection of workmen and furnishers of materials. Hughes v. Smith, 38 South. 175, 114 La. 297, reaffirmed.</p> <p>2. Same — Action against Owner — Calling</p> <p>Surety in Warranty.</p> <p>Where the owner, sued by a materialman to enforce the personal liability imposed by Act No. 180, p. 223, of 1894, for his failure to exact of the contractor the security in favor of workmen and furnishers of materials as required by the statute, calls in warranty the surety on the contractor’s bond, the demand is premature; there having been no settlement of accounts between the owner and contractor.</p> <p>(Syllabus by the Court.)</p>