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BRANDENBURG v. BURNS

451 S.W.2d 413 (1969)

James BRANDENBURG et al., Appellants, v. Fred M. BURNS and the Farmers Bank, Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing March 20, 1970.

Attorney(s) appearing for the Case

David L. Van Zant, Huddleston & Van Zant, Elizabethtown, for appellants.

H. L. James, Elizabethtown, for appellee, The Farmers Bank.

L. A. Faurest, Faurest, Collier, Arnett, Hensley & Coleman, Elizabethtown, for appellee Burns.

CLAY, Commissioner.

This suit was brought by appellee Burns to recover the balance due on an oral contract to build a house for appellants and to enforce a materialman's lien. They answered, denying the amount allegedly due, and counterclaimed for damages arising from faulty construction and defamation of character. Appellee, The Farmers Bank, was made a party because it held a mortgage on appellants' property. The only question on appeal as between appellants and...

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