Fanta

Hammond Lumber Company, one of the plaintiffs in a consolidated action by lien claimants, being dissatisfied with the amount of the judgment entered in its favor, appeals therefrom and from an order denying its motion for a new trial.

There is but one question in this appeal, depending for solution upon the construction to be given- to a certain assignment. B. Fanta was the owner of real property upon which a building was being erected. J. M. Thomas was his contractor, and appellant was furnishing lumber not only for the house on Fanta’s property but for other buildings in course of construction by Thomas as a contractor. Before the fourth payment was due Thomas from Fanta under their contract, the former took to the latter an assignment written on paper bearing the letter-head of the Hammond Lumber Company. This was in the following words and figures:

After conference with his architect, Mr. Fanta signed upon the instrument a certain indorsement which was then as follows:

The testimony of appellant’s witnesses was to the effect that upon the strength and security of this assignment the corporation loaned to Mr. Thomas two thousand dollars, taking his note for that sum. When…