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Accurate Construction Company, Inc. v. Dobbs Houses

Court of Appeals of Georgia
May 13, 1980
269 S.E.2d 494 (Ga. Ct. App. 1980)

Summary

indicating the consent may be express or implied

Summary of this case from F D Electrical Contractors v. Powder Coaters

Opinion

59467.

ARGUED FEBRUARY 7, 1980.

DECIDED MAY 13, 1980.

Materialman's lien. Fulton State Court. Before Judge Etheridge.

John E. Tomlinson, for appellant.

Barry B. McGough, for appellee.


Dobbs Houses, Inc. leased certain real property to Hutch Enterprises, Inc. Under the terms of the lease Hutch was required to make improvements to the real property, pay the cost therefor and thereafter operate a restaurant on the premises. Under specific provisions of the lease, Hutch was not to allow the filing of liens against the property; it was required to discharge any lien at its cost; and lastly, Dobbs Houses could cancel the lease if liens were filed. Hutch contracted with Accurate Construction Co., Inc. for improvements on the leased property, failed to pay for same and went bankrupt. Upon these occurrences Accurate filed a lien against the real estate and seeks in this action to have this lien declared a special lien against the property of Dobbs Houses. Dobbs Houses moved for summary judgment and the lower court granted its motion; Accurate appeals, contending the trial court erred in granting summary judgment to Dobbs Houses.

No contract is alleged or claimed between Accurate and Dobbs Houses. A contract for improvements between a lessee and a materialman does not subject the interest of the lessor to a lien unless a contractual relationship exists between the lessor and the materialman as well. Capital Mechanical, Ltd. v. Dobbs Houses, Inc., 151 Ga. App. 142 ( 259 S.E.2d 147) (1979). No express or implied consent of Dobbs Houses to the contract for improvements appears. Mere knowledge by the lessor of the improvements does not give rise to the lien. Stevens Supply Co. v. Stamm, 41 Ga. App. 239 ( 152 S.E. 602) (1930).

Judgment affirmed. Deen, C. J., and Birdsong, J., concur.


ARGUED FEBRUARY 7, 1980 — DECIDED MAY 13, 1980.


Summaries of

Accurate Construction Company, Inc. v. Dobbs Houses

Court of Appeals of Georgia
May 13, 1980
269 S.E.2d 494 (Ga. Ct. App. 1980)

indicating the consent may be express or implied

Summary of this case from F D Electrical Contractors v. Powder Coaters
Case details for

Accurate Construction Company, Inc. v. Dobbs Houses

Case Details

Full title:ACCURATE CONSTRUCTION COMPANY, INC. v. DOBBS HOUSES, INC

Court:Court of Appeals of Georgia

Date published: May 13, 1980

Citations

269 S.E.2d 494 (Ga. Ct. App. 1980)
269 S.E.2d 494

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