Lee's Home Center, Inc. v. Akins

1992 WL 117051 (1992)

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Lee’s Home Center, Inc. v. Akins

Tennessee Court of Appeals
1992 WL 117051 (1992)

  • Written by Robert Cane, JD

Facts

The Akinses (collectively, Akins) (defendants) sought to build a new home, so Akins hired a general contractor. The general contractor dealt with all subcontractors for the project. Akins had no part in arranging the purchase of materials or the work done by subcontractors. Lee’s Home Center, Incorporated (Lee’s) (plaintiff) was one of the subcontractors that was hired by the general contractor to deliver materials for construction. Lee’s delivered materials as agreed. However, the general contractor never paid Lee’s even though Akins paid the general contractor in full. Lee’s filed a notice, claiming a construction lien and sued Akins to foreclose the lien. The trial court found that a mechanic’s lien arose as a matter of law from the delivery of materials and granted summary judgment in favor of Lee’s and ordered foreclosure of the lien. Akins appealed, arguing that paying for the materials twice (i.e., once to the general contractor and now to Lee’s, the subcontractor) was improper.

Rule of Law

Issue

Holding and Reasoning ()

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