Tri-State Mill Supply Co. v. Process Engineering Inc.

J. Fred Jones, Justice.

Tri-State Mill and Supply Company sued Process Engineering, Inc., J. D. Sanders, Ozark Sales & Service Company and Peoples Loan & Investment Company in the Circuit Court of Franklin County. The case was transferred to Chancery.

Tri-State sought a money judgment against Process, in the amount of $41,217.63 for materials sold on open account. It sought a materialman’s, lien paramount to a mortgage held by Peoples Loan on the property involved. Peoples cross claimed for foreclosure of its. mortgage, and Tri-State answered with the affirmative defense of usury.

The trial…