{
  "id": 1678939,
  "name": "Charles A. CHRISTY et ux v. NABHOLZ SUPPLY COMPANY, Inc. et al",
  "name_abbreviation": "Christy v. Nabholz Supply Co.",
  "decision_date": "1977-02-22",
  "docket_number": "76-265",
  "first_page": "127",
  "last_page": "129",
  "citations": [
    {
      "type": "official",
      "cite": "261 Ark. 127"
    },
    {
      "type": "parallel",
      "cite": "546 S.W.2d 425"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "201 Ark. 534",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        8722242
      ],
      "weight": 2,
      "year": 1940,
      "opinion_index": 0,
      "case_paths": [
        "/ark/201/0534-01"
      ]
    },
    {
      "cite": "225 Ark. 1022",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1642559
      ],
      "weight": 2,
      "year": 1956,
      "opinion_index": 0,
      "case_paths": [
        "/ark/225/1022-01"
      ]
    },
    {
      "cite": "252 Ark. 958",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1629842
      ],
      "weight": 2,
      "year": 1972,
      "opinion_index": 0,
      "case_paths": [
        "/ark/252/0958-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 270,
    "char_count": 3384,
    "ocr_confidence": 0.811,
    "pagerank": {
      "raw": 3.831494086356177e-07,
      "percentile": 0.898790624472701
    },
    "sha256": "8ffa5a346dd93f1025803d4e031c4b9cb375f6c131cb244f3255af7ccf10d4a5",
    "simhash": "1:5f4bb58064c5cfb9",
    "word_count": 559
  },
  "last_updated": "2023-07-14T16:40:25.982646+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "We agree. Harris, C.J., and Fogi.eman and Roy, JJ."
    ],
    "parties": [
      "Charles A. CHRISTY et ux v. NABHOLZ SUPPLY COMPANY, Inc. et al"
    ],
    "opinions": [
      {
        "text": "Darrell Hickman, Justice.\nThe Chancery Court of Faulkner County found that Nabholz Supply Company, Inc. was entitled to a labor and materialmen\u2019s lien judgment for S3,435.98 against a house and property owned by Charles A. Christy and his wife. The general contractor, Jack Harmon Construction Company, Inc., subsequently adjudged bankrupt, authorized the labor and material furnished by Nabholz and did not pay the account in full. Another contractor, Johnie Mode, an excavation contractor, was allowed a lien against the Christy property for S320.00.\nChristy appeals and alleges five errors: (1) Nabholz should not have been allowed a lien for labor charges; (2) Nabholz did not prove the amount charged for labor; (3) The chancellor failed to recognize the \u201celectrical contract\u201d and the remainder of an open account, maintained by Nabholz, as two separate claims; (4) The improper finding by the chancellor that the electrical contract and the open account were a continuing charge extended the time for filing liens; and (5) The lower court improperly allowed the Mode lien claim.\nAll of these allegations of error, except the first one, are without merit because they involve a question of fact. We will not disturb the Findings of a chancellor on appeal regarding a fact question unless the findings are against the preponderance of the evidence. Porter v. Ark. Western Gas, 252 Ark. 958, 482 S.W. 2d 598 (1972). The chancellor\u2019s findings were not against the preponderance of the evidence on these issues.\nWe disagree with the finding of the trial court allowing Nabholz, a supplier of material, to have a lien for labor. Nabholz did:-not have a fixed^su^i oontraet fiar any part of this job. It supplied materials to the job, and from time to time sent its laborers to the job to perform construction work. There were no liens filed by Nabholz\u2019 laborers. The Arkansas lien statute is strictly construed because it is an extraordinary remedy not available to every merchant or worker. Ark. Stat. Ann. \u00a7 51-601 (Repl. 1971). Scott v. LeGrande, 225 Ark. 1022, 287 S.W. 2d 456 (1956). We have held that a laborer can assign his right to a lien, but there was no assignment in this case. Wyatt Lumber & Supply Co. v. Hansen, 201 Ark. 534, 147 S.W. 2d 366 (1940). Nabholz is not without a remedy, because it has a right to proceed against the company or individual who authorized the charges, in this case Harmon Construction Company. The fact that Harmon is bankrupt is, of course, irrelevant to the application of the materialmen and laborers lien law.\nIt cannot be exactly determined from the record what portion of the judgment granted to Nabholz is labor and labor-related employer expenses, such as social security payments. Therefore, on remand the trial court will determine what the labor and labor-related expenses are and deduct them from the lien judgment granted in this case. In other respects, the Nabholz judgment is affirmed.\nWe affirm the trial court\u2019s judgment for Johnie Mode. The issue was credibility of the parties and the chancellor found for Mode.\nAffirmed in part. Reversed and remanded in part.\nWe agree. Harris, C.J., and Fogi.eman and Roy, JJ.",
        "type": "majority",
        "author": "Darrell Hickman, Justice."
      }
    ],
    "attorneys": [
      "Clark, McNeil & Watson, for appellants.",
      "Brazil & Roberts, for appellees."
    ],
    "corrections": "",
    "head_matter": "Charles A. CHRISTY et ux v. NABHOLZ SUPPLY COMPANY, Inc. et al\n76-265\n546 S.W. 2d 425\nOpinion delivered Feburary 22, 1977\n(Division II)\nClark, McNeil & Watson, for appellants.\nBrazil & Roberts, for appellees."
  },
  "file_name": "0127-01",
  "first_page_order": 161,
  "last_page_order": 163
}