Bernard Lumber Company v. Sayre

PONDER, Justice.

In this suit the plaintiff lumber company is seeking to recover $2,445.67 from the defendants for the value of materials furnished to Robert Ryan, a contractor, allegedly to be delivered and used in the construction of defendants’ house. The defense to the suit is that the lumber was not delivered on the premises of the defendants or used in the construction of their house. On trial of the case, the lower court rejected the plaintiff’s demand and dismissed the suit. The plaintiff has appealed.

The case presents purely a question of fact. There seems to be no dispute as to the…