Hendry Lumber Co. v. Bryant

Buford, J. —

This appeal brings for review order dismissing bill of complaint, the purpose of which was to foreclose a materialman’s lien for material furnished by the materialman to the owner.

The bill, inter alia, alleges:

“4. Defendant desiring to erect certain buildings and improvements upon said above described real estate did enter into a contract with plaintiff on or about the 20th of May, 1937, and as a result of said contract, defendant did agree to purchase, and plaintiff did agree to sell to defend ant, certain building supplies to be used in the construction of said building and…