Wormhoudt Lumber Co. v. Union Bank & Trust Co.

On October 3, 1938, Mrs. Caroline D. Christie made a written contract with L. W. Stearns, a contractor, and plaintiff-appellee, Wormhoudt Lumber Company, a dealer in building materials, for the erection of a dwelling house for her for $7,304. Stearns and appellee were termed the “contractor,” although the lumber company signed primarily to guarantee performance of the contract, in return for Stearns purchasing the materials from appellee. Stearns constructed the house to near completion. Between November 16, 1938, and March 1, 1939, Mrs. Christie made and delivered to Steams to apply upon the…