Birmingham v. Houston-Mccune Lumber Co.

The parties will be referred to as they appeared in the trial court. The plaintiff, Houston-McCune Lumber Company, a corporation, commenced this ac-lion to foreclose a mechanic’s lien for lumber and material furnished by plaintiff to erect on the farm of the defendant, Emma Williams Birmingham, certain buildings and praying for judgment for $348.55 for balance due for the purchase price of material furnished. The cause was tried to the court, and judgment was rendered for the sum prayed for with interest.

The plaintiff alleged in its petition that the material was furnished under an oral…