Supreme Court of Georgia November 15, 1939, 13072. (Bender v. Randall Bros. Inc.)

Grice, Justice.

Randall Brothers Inc. brought suit against

Fred L. Bender, in which it was alleged that defendant was indebted to petitioner in the sum of $662.69 for material furnished and used in improving certain described real estate; that defendant executed his promissory note therefor, and a warranty deed to petitioner to secure the note, intending to convey to petitioner the actual