Longino v. Garner

Carlisle, Judge.

The plaintiff in his petition alleged that the defendants named therein were indebted to him in a certain amount for building materials sold to them as per an itemized statement attached as an exhibit to the petition and that such materials were delivered to the defendants and used by the defendants in the improvement of a certain described tract of land belonging to them. Upon the trial of the case the plaintiff testified that he did not sell the building materials to the defendants but that he sold them to one Scott, who, he understood and was led to believe, was the…