C. & L. Supply Co. v. Kennerly Et Al‪.‬

Per Curiam. C. & L. Supply Company, a partnership composed of Grover Colburn and Tom H. Lowe, brought suit in the district court of Orange County against R. E. Kennerly, Francis W. Jenkins and The Norwood Company, a Texas corporation. It alleged that The Norwood Company was engaged in the construction of houses in an addition to the City of Orange; that Kennerly was the contractor doing the building for The Norwood Company and Jenkins was the president and general manager of The Norwood Company. C. & L. Supply Company was in the business of selling building materials and sold to Kennerly a large amount of building materials for the construction of such houses; that Jenkins and The Norwood Company by oral agreement agreed to guarantee the payment for such building materials, under circumstances which made both of them liable to C. & L. Supply Company for the payment of Kennerly's unpaid accounts. It sued the two defendants for $26,497 as a debt and $5,000 attorneys' fees. The Norwood Company and Jenkins answered, presenting numerous exceptions to the petition and pleaded that the agreement sued on was oral and in violation of the statute of frauds and that it was barred by the two-year statute of limitation and also pleaded a general denial and various special denials. Kennerly filed an answer and also filed a cross-action against Jenkins and the Norwood Company asking for judgment against these two cross-defendants in the sum of $58,650.53, which was alleged to be the unpaid balance owing to him for building the houses for these cross-defendants. The Norwood Company and Jenkins answered such cross-action by special exceptions, general denial and various special denials.