D & N Electric, Inc. v. Underground Festival, Inc. ( 1991 )

Beasley, Judge,

concurring specially.

In Division 1 we rely on certain language in the case of James G. Wilson Mfg. Co. v. Chamberlin-Johnson-DuBose Co., 140 Ga. 593 (79 SE 465) (1913). The language as used in that case refers to the lessee, who was the lienor’s “employer.” The lienor was entitled to a lien against that “employer’s” leasehold estate for years. Here the claim is against the lessee’s lessor, who has an estate for years, rather than against the lessee, who also had an estate for years.

Decided December 20, 1991 Reconsideration denied January 7, 1992. McReynolds & Welch, J. Michael Welch, Frederic S. Beloin, for appellant. Alston & Bird, John I. Spangler III, Linda K. Disantis, for appellee.

I point out that the holding in James G. Wilson Mfg. Co., that the materialman’s lien could attach to and be enforced against the lessee’s estate for years, is being extended to the lessor’s estate for years also, based on Bennett Iron Works v. Underground Atlanta, 130 Ga. App. 653 (1) (204 SE2d 331) (1974). In Bennett, it is not clear that the lessee had an estate for years, however, but that apparently does not affect the lienor’s entitlement to a lien against the lessor’s estate for years.