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HERRMAN v. DAFFIN

No. 7543.

302 S.W.2d 313 (1957)

Jesse E. HERRMAN and Carrie M. Herrman, partners, doing business as Herrman Lumber Company, Plaintiffs-Appellants, v. R. V. DAFFIN and Isabelle D. Daffin, husband and wife, Defendants-Respondents, and Vernon G. (Jack) Altman and Vernon Gibson, doing business as Altman and Gibson, and Karl W. Blanchard, Trustee, and First State Bank of Joplin, Missouri, a corporation, and Joplin Cement Company, a corporation, Defendants.

Springfield Court of Appeals. Missouri.

May 9, 1957.

Attorney(s) appearing for the Case

Ray E. Watson, Watson & Tudor, Joplin, for plaintiffs-appellants.

Karl W. Blanchard, Herbert Van Fleet, Seiler, Blanchard & Van Fleet, Joplin, for defendants-respondents.

RUARK, Judge.

This case arises out of the fact that an owner (Daffin) paid his contractors (Altman and Gibson Construction Company) the balance on construction price of a residence. The contractors in turn paid a portion of the money to their materialmen (Herrman Lumber Company, a partnership), who applied such payment to other, and older, indebtedness due them from the contractors, thus leaving exposed and unpaid their debt for the materials which went into the Daffin...

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