Newt Olson Lumber Co. v. Cue

The present controversy arose out of an action instituted by plaintiff Olson Lumber Company against the defendants Cue and Mr. and Mrs. Whitehurst to foreclose a materialmen’s lien, and a second action filed by plaintiff Gardner against the same defendants to foreclose a mechanic’s lien. The Whitehursts answered and cross-complained against The Fidelity and Casualty Company on its bond. Upon stipulation the two eases were consolidated for trial and following a judgment favorable to plaintiffs, the bonding company and the Whitehursts separately appeal to this court.

The record shows that…