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OKLAHOMA HARDWARE COMPANY v. TOWNSEND

No. 43549.

494 P.2d 326 (1972)

OKLAHOMA HARDWARE COMPANY, a corporation, Plaintiff in Error, v. Harold S. TOWNSEND et al., Defendants in Error.

Supreme Court of Oklahoma.

February 22, 1972.

Attorney(s) appearing for the Case

Norman E. Reynolds of Reynolds & Ridings, Oklahoma City, for plaintiff in error.

Merson, Campbell & Merson, Oklahoma City, for defendants in error.

IRWIN, Justice:

This appeal involves the foreclosure of materialman's lien for materials furnished to an owner of a building lot (an executory vendor) who contracted with another (an executory vendee) to build a house on the lot according to certain plans and specifications and to convey the improved premises to the executory vendee free and clear of all encumbrances.

B & B Home Builders, Inc., (B & B) owned...

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