Finney v. Story

GOODWYN, Justice.

This is an appeal from a final decree of the circuit court of Etowah County, in equity, in a materialman’s lien suit. Code 1940, Tit. 33, § 37 et seq.

The only question presented is whether the complainants (appellees) met the burden on them of proving their allegations that the respondent (appellant) “entered into an oral contract” with them whereby they “agreed to and did furnish the defendant building materials, lumber and fixtures for the erection, repairing, altering or beautifying a house, building or improvement” upon respondent’s lot in Gadsden.

The cause was submitted…