Evans v. N. B. McElfresh

The opinion of the court was delivered by

Johnston, C. J.:

In this action, brought by J. E. Evans, the appellant, against N. B. and Mary Mc-Elfresh, the appellees, he sought a recovery of a claim for building material to the amount of $712.60 and the foreclosure of a mechanic’s lien. In their answer appellees set out payments made and materials returned and a counter claim for damages sustained by reason of defective materials supplied by the appellant. Particularly they allege that he induced them to use- Acme Woven Wood Lath, agreeing that if they would use the new kind of lath and plaster…