West Lumber Co. v. Schnuck

West Lumber Company sued Lloyd B. Schnuck and T. J. O’Neil in Fulton Civil Court on an account for materials furnished, the amount sought, as shown by the amended petition, being $8793.54 principal, and $1128.42 interest.

The defendants filed an answer and cross-action, denying the indebtedness, pleading payment and estoppel as well, and seeking $19,562.05 as damages for breach of contract. In the plea of payment it was alleged, in substance, that the plaintiff purchased the land which was improved by the use of the materials in building a house thereon, and by express agreement or implication…