Allen v. Hamman Lumber Co‪.‬

LOCKWOOD, J. Some time prior to September, 1930, one J. W. Barker bought lumber and building material from the Hamman Lumber Company, a corporation, hereinafter called plaintiff, for the erection of a certain house. When the building was completed Barker sold the property to one Tribolett, and, in order to pay various bills outstanding against it, a first mortgage was placed upon it in favor of Mary I. McKie, as mortgagee. Tribolett gave a second mortgage to Barker for part of the purchase price of the premises, and in consideration of plaintiff signing a waiver of its materialmans lien Barker executed the following document: