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MALONEY v. WALLER

261 S.W.2d 418 (1953)

MALONEY v. WALLER et al.

Court of Appeals of Kentucky.

October 9, 1953.

Attorney(s) appearing for the Case

Delmer D. Howard, Virgil Fowler, Lexington, for appellant.

W. Rodes Clay, Lexington, for appellees.

SIMS, Chief Justice.

S. M. Maloney, doing business as Maloney Lumber Company, brought this action against America L. Waller and Harlan Kearns to recover from Kearns $230.53 in building materials sold him, which he used in repairing Mrs. Waller's house; and to assert a lien in that sum upon her real estate described in the petition. Default judgment was rendered against Kearns, but the court in a clear and concise opinion sustained a general demurrer to the petition...

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