Vetco Concrete Company v. TROY LUMBER COMPANY

The defendant assigns as error the refusal of the court below to sustain its motion for judgment as of nonsuit at the close of all the evidence.

The plaintiff’s evidence establishes unequivocally that all the materials furnished by it which went into the construction of residences built on defendant’s lots were furnished pursuant to an express contract between the plaintiff and the Fore-Taylor Building Company, a corporation. The plaintiff’s evidence goes further and affirmatively establishes the fact that the materials were not sold on the credit of Troy Lumber Company.

It is equally clear…