Kelley v. C. D. Shamburger Lumber Co.

The appellee not having filed a brief on this appeal, the statement of the case contained in the brief of appellants will be taken as correct. Wolfe City Oil Co. v. George (Tex. Civ. App.) 30 S. W. 672.

Thé Shamburger Lumber Company filed this suit in the district court of Wilbarger county against the Quaker Oil Company, Kork Kelley, and Alliene Kelley, to recover judgment on two open accounts and for the foreclosure of a materialman’s lien on personal property and on an oil lease. Judgment for plaintiff, and defendants appeal.

The plaintiff’s amended petition alleges that, at the special…