Michael Distributing Co. v. Tobin

SPARKS, J. pro tem. *

The instant litigation arose out of the attempt by plaintiff, Michael Distributing Company, Inc., doing business as Economy Lumber Company, to collect for lumber supplied in the building of a number of units in a housing project known as “Southgate Units No. 1 and 2.” Judgment was entered in its favor for $11,704.20 and against defendant, Herbert D. Tobin, appellant herein.

Error is predicated upon: (1) the alleged insufficiency of the evidence to show an actionable promise by appellant Tobin as a personal obligation to pay for the lumber; (2) the finding by the trial…