Ramsey v. Hawkins

Citations

• 78 Fla. 189
• 82 So. 823

Syllabus

<p>1. The purpose of the cautionary notice of lien, provided for in Section 2211 General Statutes of Florida, is to advise the owner that miaterial is being furnished the contractor, and the amount required to pay therefor; that the owner may protect himself by reserving a sufficient amount to pay for such material. It is a warning to the owner, advising him as it were to take heed.</p> <p>2. If the cautionary notice is such as to put the owner upon his guard, and protect himself against making payments to contractors while claims against them are outstanding in favor of sub-contractors or material men, this will go a great way to sustain its sufficiency.</p> <p>3. The word material when used in referring to materialmen’s liens has a well defined and understood legal significance, and when thus used it is understood to be something that becomes a part of the finished structure.</p> <p>4. A written notice to the owner as follows: “Notice is hereby given you that I am furnishing material to * '* *, the contractor, to be used in the erection of your building situated upon the .piece of parcel of land located in the County of Hillsborough, and in the State of Florida, and described as foollows: * * * and a lien will be claimed by me upon the said building and the land upon which the same is situated, for the sum of $980.00 for the said materijal furnished by me for the construction of the said building,” the same being signed by the materialman and served upon the owner, is a sufficient cautionary notice under Section 2211 General Statutes of Florida to create tire materialman’s lien upon tlie property of such, owner, ¡as. also to establish a personal liability of such owner for the amount due for such materials, not exceeding the amount then due under the original contract.</p> <p>5. Mortgagees filing and recording their mortgages while p. building is in course of construction, and materials being furnished, for the construction theerof, are under the statute, creditor