Scholz Homes, Inc. v. Clay Wideman & Sons, Inc.

STEWART, Judge.

The plaintiff brought an action in one count. It alleged that plaintiff sold, shipped and delivered certain building materials to defendant at a described building site pursuant to the terms of a written contract which was made a part of the petition. Plaintiff alleged the contract price of the material and further that the price was to be paid by way of a note secured by a deed of trust, and that defendant refused to execute the note and deed of trust by reason of which plaintiff was damaged in the sum of $20,000. Plaintiff prayed judgment for the purchase price, $20,000.00,…