Carey v. Ellis

Appellees have filed no briefs in the case, and the statement of the case made in appellants’ brief will be adopted as correct.

Appellees executed and delivered their promissory note to appellants for $600, payable in monthly installments of $25, together with a materialman’s lien to secure its payment, to cover materials furnished by appellants in the construction of improvements on appellees’ real estate. In the course of that construction appellees purchased from appellants extra materials of the value of $320, upen open account. Appellees made certain payments of $25 each, from time to…