Benefield v. Elder Building Supply Co.

Eberhardt, Presiding Judge.

Elder Building Supply Company (Elder) filed a complaint against Arthur Benefield, a contractor, on open account for building materials furnished him, and against Kimble Albright, Jr. and other defendants, owners of certain land on which apartment buildings were being constructed by Benefield, seeking to establish and foreclose liens thereon. Benefield filed a "third party complaint” (in reality a cross claim) against Albright contending that the latter would be liable to Benefield if Benefield were adjudged liable to Elder, because Albright had agreed to pay for the…