S. P. Weaver Lumber & Supply Co. v. Price

HIGGINS, Justice.

This is an action by a materialman to recover from the property owners, in solido, the sum of $4,632.01 (including extras of $454.33) for certain materials and labor furnished in the construction of a two story brick triple car garage apartment dwelling, and for recognition of its liens. The plaintiff alle'ges that it signed a guaranty, guaranteeing the faithful performance of the contract by the contractor, H. L. Baker, who undertook to erect the building, but that the guaranty was not binding because it was entered into through error; that the contract and specifications…