Kimber-Murphy Mfg. Co. v. Vestal, Inc.

The question of law involved herein has been tendered for decision in a joint petition of the parties thereto, under the provisions of Act No. 22 of the Extra Session of the Legislature of the year 1948, known as the "Declaratory Judgments Act." The facts of the case are:

The Monroe Floor Covering Company, Inc., was the common debtor of E. M. Steen, its lessor, Kimber-Murphy Manufacturing Company, Inc., hereinafter referred to as "Kimber", and Vestal, Inc., the last two being ordinary creditors to whom were due by the debtor amounts on open account.

Judgment was rendered and signed by the Court…