Tustin Elevator & Lumber Co. v. Ryno

This is an action brought by Howard J. Smith, a lumber dealer doing business as Tustin Elevator & Lumber Company, against Gerald Ryno and wife for materials furnished for the construction of a cottage. Plaintiff also sued Clyde Waite, a contractor and carpenter who built the cottage, and the Lake County State Bank in which bank funds were supposedly deposited to plaintiff’s account. Upon motion of the Rynos the matter was transferred to the chancery side of the court in order that there might be a full determination of the rights and liabilities of all of the parties in a single proceeding. A…