Lumber Co. v. . Lumber Co.

This was an action to recover damages against the defendant Dare Lumber Company for breach of contract, and further seeking as to the other defendants, the Metropolitan Life Insurance Company and the Metropolitan Trust Company to have the judgment therefor declared a prior lien upon the property of the Dare Lumber Company over any lien claimed by said last two defendants by reason of an alleged deed in trust executed by the Dare Lumber Company to them to secure certain bonds.

The plaintiff alleges that it made a written contract with the Dare Lumber Company 18 August, 1919. The Plaintiff…