Leftwich v. Cash Lumber Company

George Rose Smith, ' J.

Appellee brought this action to establish a materialman’s lien for $103.86, the defense being that part of the lumber was never delivered and part was rejected as defective. One of appellee’s officers testified to the delivery and acceptance of the material, while appellant gave his version of the transaction. Three carpenters who worked on appellant’s house were called to corroborate his evidence, but they knew only that some lumber had been rejected. They were unable to say that the material refused had been supplied by appellee, while appellant admitted buying lumber…