Lebanon Lumber Co. v. Clarke

Opinion op the Court by

Judge Settle

Affirming.

This appeal is prosecuted from a judgment of the Marion circuit court refusing appellant a personal judgment upon an account of $258.28, against the -appellee, W. A. Clarke, and the enforcement of a materialman’s lien against his farm. The original petition simply sought judgment against the appellee for $258.28, as a balance alleged to be due appellant upon an account for building materials sold him -at his instance and upon his promise to- pay therefor. But b-y an amended petition it was alleged that the building materials were sold one R. H.…