Murray v. Reliance Mortgage & Realty Co.

Hall, Judge.

In each of three cases raising the same issue the plaintiff appeals from a judgment sustaining the defendant’s general demurrer to his petition. In each case the plaintiff sought a personal judgment against Reliance Mortgage & Realty Company for an indebtedness for lumber and building materials.

The petition alleged that the co-defendant, McCullough, obligated himself to pay for materials and lumber delivered by the plaintiff to McCullough and used in the construction of a house built on a lot sold by one Gentry to McCullough; and that the sale from Gentry to McCullough was…