Trathen v. Lyon

Wickhem, j.

The questions presented upon this appeal are whether the cross complaint sufficiently alleges, (a) a contract between the mortgagor and plaintiff for the benefit of defendant materialman, by the terms of which plaintiff agreed to pay claims for material furnished and labor expended in rebuilding operations to the extent of the insurance money in its hands; or (b) an estoppel as against plaintiff to insist upon the priority of its mortgage over the lien of defendant Lumber Company arising out of representations made to the Lumber Company by plaintiff that it would pay for labor and…