Plaintiff company is comprised of R. H. Hearn and J. J. Mingle and were engaged in the business of selling lumber and other building materials. The defendant owned a tract of land and set a contract with the plaintiffs for certain materials to erect a house on the property. He took a total of $451 worth of material, which he never paid despite an agreed upon contract to repay the debt in a certain time and action taken by the plaintiffs.