Byus Mankin Lumber Co. v. Landes Construction Co.

Hatcher, Judge:

Plaintiff furnished defendant lumber and other building material over a period extending from June 14, 1928, to January 11,1929. On March 7,1929, the plaintiff recovered a judgment in the circuit court of Raleigh County against the defendant (and his surety) for $3,437.25, as balance due on account of such materials. It does not appear when that suit was instituted but the account filed by the plaintiff therein extends from June 14th to December 15, 1928.

This is an action brought in July, 1929, iri| which the plaintiff sought to recover $1,248.25, for two cars of lumber shipped…