N. S. Sherman MacHine & Iron Works v. Carey, Lombard, Young & Co.

Opinion by

JONES, C.

This suit was instituted in the district court of Oklahoma county by appellee, plaintiff in the lower court, against the appellant, defendant below, to recover the sum of .$2,363.90 with interest, balance due for material furnished the defendant. To the petition of plaintiff the defendant filed its answer and denied that it was indebted to the plaintiff in the amount claimed. The basis of this action was a written contract between the plaintiff and the defendant. The material parts of which are as follows:

“That for and in consideration of the mutual promises hereinafter…