Pitt v. Acosta

Citations

• 18 Fla. 270

Syllabus

<p>1. Under a contract for building a house, payments periodical except the last, for which the owner was to give the builder liis note due in six months after completion of the building, one furnishing material to the builder having filed a lien cannot maintain a suit against the owner to enforce it before the expiration of the six months, though the owner refuse to give the note to the party claiming a lien.</p> <p>2. In such case the party having a lien upon the building cannot exact a note payable to himself.</p> <p>3. Where, by the contract for building, payment is to be made by note due in six months after completion, and party refuses to give the note, the present right of action is for damages for the breach of the contract, and this cannot be maintained by a person not a party to the contract, but who seeks to enforce a lien upon the building contracted for. The latter can maintain suit to enforce his lien only after the expiration of the credit mentioned.</p>