Vonachen v. Pratt Glass Co.

The opinion of the court was delivered by

Wertz, J.:

This is an appeal from an order of the trial court discharging a garnishment. For the purpose of clarity the appellees, C. R. Vonachen and Myrtle R. Vonachen, will be referred to as garnishees, the appellant Independent Lumber Company as defendant, and Ray R. Smith, appellee and one of defendants, as the contractor.

The facts may be briefly related as follows: The Vonachens on January 25, 1950, entered into a written contract with contractor Smith for the erection of a dwelling house on lots owned by the Vonachens in the city of Pratt for a…