Timmons v. Hanna Construction Co.

This is an action brought by the defendant in error, hereinafter called plaintiff, against the plaintiff in error, hereinafter called defendant, in the district court of Woods county, Okla., to recover the sum of $4,445.73, which the plaintiff had been required to pay to the First National Company of Tulsa, Okla., as the balance remaining after the foreclosure of a real estate mortgage and sale of the property.

The case was tried on a stipulation, and judgment rendered March 29, 1933, in favor of the plaintiff. Defendant’s motion for new trial was overruled, and the appeal taken to this court.

T…