Nichlos v. Hanbury-Russell Supply Co.

The plaintiff’s petition in substance alleges that in 1925 it sold and delivered to the defendant, under an oral contract, gas and oil well pipe and supplies in the total value of $1,481.75, for which defendant agreed to pay, and did thereafter pay thereon the sum of $500 in cash, leaving a balance of $981.75 due the plaintiff, no part of which has been paid, and prays for judgment against the defendant for said amount, and the foreclosure of a material-man’s lien upon a certain gas well and real estate described in the petition.

The defendant in his answer and cross-petition admits the…