Clayton v. Nicely

Woods, Judge:

G. C. Clayton and W. F. Johnson instituted this proceeding by notice of motion to recover money alleged to be due and owing under contract, dated October 7, 1929, whereby Harry Nicety and George C. Ross promised, upon the termination of said contract, to pay to plaintiffs the actual cost of materials and labor entering into any unsold building erected by the latter under and by virtue of said contract.

Nicely and Ross, on October 7, 1929, owned twenty-eight lots in what is known as Laurel Terrace Addition to the City of Parkersburg, subject to a deed of trust in favor of Farmers…