Kelley Brothers Lumber Co. v. Leming

This appeal is from a decree of the Chancery Court allowing a property owner a thousand dollar credit against a materialman’s lien. The appellant, Kelley Brothers Lumber Company, sold to Steward Construction Company material used in construction of buildings for appellees, Howell'E. and Lorena L. Leming. At the time Steward was also constructing some houses for Haskell Utley. Steward made a thousand dollar payment to Kelley without directions as to whether it was to be applied to the Leming or the Utley job. The Leming job being the older in point of time for which Kelley had sold material,…