Edens v. Duncan

WALTER, Justice.

Jewell C. Edens filed suit against M. L. Duncan and wife, Betty Grace Duncan, on a promissory note for $11,000.00 and for a foreclosure of a mechanic and material-man’s lien. The Duncans answered and alleged that prior to the execution of the note and the mechanic and materialman’s lien contract, Edens agreed to construct a house for the Duncans for the sum of $11,000.00 and that it was further agreed between the parties that Edens would accept an old house and lot as a credit on the note for $5,500.00.

At the conclusion of the testimony both parties informed the court there…