No. 5-1794.

321 S.W.2d 767 (1959)

Cecil BURKS, d/b/a Burks House Wrecking Co., Appellant, v. F. W. SIMS et ux., Appellees.

Supreme Court of Arkansas.

Rehearing Denied April 6, 1959.

Attorney(s) appearing for the Case

J. Fred Jones, Little Rock, for appellant.

Chas. B. Thweatt, Little Rock, for appellees.

WARD, Justice.

The issue presented by this appeal is whether the materialmen's suit to preserve the statutory lien was commenced within 90 days after the last item was furnished.

Appellant, Cecil Burks, furnished material for the construction of a building in Pulaski County belonging to appellees, Mr. and Mrs. F. W. Sims, the building contractor being Walter James Wyma. The last material item was furnished by appellant on November 2, 1957.


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