Black v. Berry

Opinion by

Holt, C.

In April, 1885, John Berry owned a brick yard in Erie, Neosho county; S. A. Parker was a contractor, and entered into an agreement to erect a building for G. W. Black on lot number 9, block 3, in the city of Erie. Parker not being able to procure brick as be desired, bought the brick yard of Berry; used most of the brick there in erecting three or four brick buildings, including the one of Black’s that he had under contract, and also sold brick from the yard to those who desired to purchase. Parker proved to be insolvent, and not having paid in full for his brick yard, Berry…