LIBERTY PLAN CO. v. FRANCIS T. SMITH LUMBER CO.

No. 38959.

360 P.2d 500 (1961)

LIBERTY PLAN COMPANY, an express trust, Plaintiff in Error, v. FRANCIS T. SMITH LUMBER COMPANY, a corporation, Defendant in Error.

Supreme Court of Oklahoma.

Rehearing Denied March 21, 1961.


Attorney(s) appearing for the Case

Sam S. Gill, Oklahoma City, for plaintiff in error.

George W. Gay, Oklahoma City, for defendant in error.


HALLEY, Justice.

Francis T. Smith Lumber Company, a corporation, instituted this action to foreclose its materialman's lien upon certain premises owned by the Liberty Plan Company, an express trust. From a judgment for the plaintiff, the defendant has appealed. The parties will be given their designation below.

Three principal contentions advanced for reversal are: (a) there was a fatal variance between plaintiff...

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