Jones Mercantile Co. v. Lyn-Har, Inc.

Court of Appeals of Georgia

Jones Mercantile Co. v. Lyn-Har, Inc.

270 S.E.2d 374, 155 Ga. App. 183, 1980 Ga. App. LEXIS 2513

CourtCourt of Appeals of Georgia

DecidedJuly 7, 1980

Docket58678

StatusPublished

This text of 270 S.E.2d 374 (Jones Mercantile Co. v. Lyn-Har, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Jones Mercantile Co. v. Lyn-Har, Inc., 270 S.E.2d 374, 155 Ga. App. 183, 1980 Ga. App. LEXIS 2513 (Ga. Ct. App. 1980).

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Opinion

Shulman, Judge.

In the first appearance of this case, 152 Ga. App. 798 (264 SE2d 270), we affirmed the grant of summary judgment to the property owner in an action to foreclose a materialman’s lien. On certiorari, the Supreme Court vacated this court’s opinion and remanded the case for reconsideration in light of the holding therein (Jones Mercantile Co. v. Lyn-Har, Inc., 245 Ga. 812 (1980)), which placed on the defendant-property owner the burden of demonstrating that the sums paid to the contractor were properly appropriated to materialmen and laborers or that the contractor’s statutory affidavit concerning such indebtedness had been obtained.

Submitted October 2, 1979 Decided July 7, 1980. Barry W. Bishop, for appellant. Toby B. Prodgers, for appellee.

A review of the record in this case reveals that the defendant failed to make such a showing. Accordingly, we must reverse the grant of summary judgment to the defendant.

Judgment reversed.

Deen, C. J., and Carley, J., concur.

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Shulman, Judge.

In the first appearance of this case, 152 Ga. App. 798 (264 SE2d 270), we affirmed the grant of summary judgment to the property owner in an action to foreclose a materialman’s lien. On certiorari, the Supreme Court vacated this court’s opinion and remanded the case for reconsideration in light of the holding therein (Jones Mercantile Co. v. Lyn-Har, Inc., 245 Ga. 812 (1980)), which placed on the defendant-property owner the burden of demonstrating that the sums paid to the contractor were properly appropriated to materialmen and laborers or that the contractor’s statutory affidavit concerning such indebtedness had been obtained.

Submitted October 2, 1979 Decided July 7, 1980. Barry W. Bishop, for appellant. Toby B. Prodgers, for appellee.

A review of the record in this case reveals that the defendant failed to make such a showing. Accordingly, we must reverse the grant of summary judgment to the defendant.

Judgment reversed.

Deen, C. J., and Carley, J., concur.

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270 S.E.2d 374, 155 Ga. App. 183, 1980 Ga. App. LEXIS 2513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-mercantile-co-v-lyn-har-inc-gactapp-1980.

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