Kendall Lumber & Coal Co. v. Roman

— -Appellant brought this action against the appellees and one Frank Wyatt to foreclose a mechanic’s lien. Prior to trial the action as to said Wyatt was dismissed.

The facts as disclosed by the record may be summarized as follows: The appellee Temple (hereinafter designated as the owner) is the owner of certain real estate in Noble County. The appellee Roman (hereinafter designated as the purchaser) had entered into a written contract to purchase said real estate. On or about the 21st day of July, 1948 the purchaser entered into a written contract with the aforementioned Wyatt for certain…