Lively v. Evans-Howard Fire Brick Co.

Opinion by

THREADGILL, C.

This action is a consolidation of two original actions instituted for the purpose of declaring on mechanics’ liens of equal priority against the Victory Metal Company’s zinc smelter property located at Henryetta, Okla. The two causes wetre filed on the, same day, April 4, 1921. The items of account claimed by Evans-Howard Brick Company were 8 carloads of brickbats valued at $2,320.06, delivered f. o. b. cars at St. Louis between J une} and November, 1920, and to be used by the metal company in making retorts for its furnaces and fire brick for repairs. The items of the…