Scruggs v. E. L. Woodley Lumber Co.

This was a suit to recover the balance due appellee for the sum of $391.-43, on a bill of lumber furnished to build a residence upon land, the legal title to which was in appellant, but who had contracted with one Smith to deed the land to him upon the payment of certain sums of money. It is alleged, in effect, that appellant made the order for the lumber and, upon a sufficient consideration, agreed to pay the bill upon the contract so entered into with appellant. Appellee delivered the lumber to Smith, who erected the house upon the land, to which appellant had the legal title. There was a…