Miller-Goll Manufacturing Co. v. Metropolitan Building Co.

Citations

• 13 Tiess. 5

Syllabus

<p>Syllabus.</p> <p>No agreement for work exceeding five hundred dollars which has not been reduced to writing and recorded according to law enjoys a privilege either in favor of the original con. tractor or in favor of any material man upon the building constructed.</p> <p>If the contractor has no privilege the materialman has none, because he acquires only such rights as the contractor has.-</p> <p>It is only the materialman who has furnished directly to the owner who has a privilege.</p> <p>In order that a privilege shall have a preference over an existing mortgage it must be recorded within the time prescribed by law.</p>