Shackleton v. Commercial Lumber Co.

This was an action by a lumber company against a house building contractor. The suit was on an ppen account, for lumber furnished the defendant contractor in the building of a house for the owner thereof. The owner was not involved in the case. The defendant contractor filed a cross-petition against the plaintiff lumber company, contending that he was a partner with the lumber company in the project and that, conceding the unpaid balance of the lumber bill, if the total profits were computed and divided, his share thereof would exceed the remaining balance due on the lumber bill. He then…