Toledo Plate & Window Glass Co. v. Smoger Lumber

Appellee, Kosciusko Building and Loan Association entered into a contract with appellee, Smoger Lumber Company, whereby the lumber company agreed to construct a building for the loan association on real estate belonging to it. While the building was in progress of construction the lumber company entered into a contract with appellant whereby it was to furnish at an agreed price of $537.00, plate and mirror glass of various descriptions for use in the construction of said building.

All plate glass and mirrors were delivered by appellant in boxes upon the premises where the building was in…