Durham v. Foust

FUNDERBURK, Justice.

From a judgment for $370 with interest, and awarding foreclosure of a materialman’s lien on certain described lands, recovered by O. G. Foust, as plaintiff, in a suit against E. E. Durham and wife, as defendants, the latter have appealed.

Appellants contend that the suit is upon an open account, and a number of assignments are dependent upon whether that is the correct interpretation of the plaintiff’s petition. Appellee insists that the suit is upon a note and written contract. We are inclined to agree with the appellee that his purpose was to allege a cause of action…