Kartus Department Stores v. Deason

Suit by appellee against appellant to recover the purchase price of certain material furnished by the plaintiff in the remodeling of defendant’s storehouse in Bessemer. The defendant contracted with a third person for the completion of the job at a fixed sum, and plaintiff was the successful bidder for furnishing the particular material here sued for. The cause was tried before the court without a jury on oral proof, resulting in a judgment for the plaintiff.

It is insisted by appellant that motion for new trial should have been granted upon the ground that the debt. was that of the original…