Berwick v. Eunice Electric Theatre Co.

The issues in this case are the same as those in the case of D. C. Rose, Jr., v. Eunice Electric Theatre Company, Limited (No. 25544, decided on April 30, 1923) 97 South. 322.1 As in the case cited, the Interstate Trust & Banking Company is the third opponent. The third opponent alleges that its mortgage should be paid in preference to Berwick’s claim, for the same reasons that it alleged that this mortgage should be paid in preference to Rose’s claim, in the Rose Case, cited above.

Berwick’s claim arises from sales of material, consisting of gravel, sand, lime, brick, and lumber, made by him,…