It is a destination out of a judgment in support of appellee, Resellers and Farmers Bank, into the an assignment to they of your own straight to discovered fee for functions done towards a plumbing system outsource. We affirm.
Appellant, Wayne Newton, try a broad company. He’d a binding agreement to build an improvement to your Delta Hotel Motel, belonging to Aubrey Mitcherson, within the Dumas. Newton subcontracted plumbing work to-be done in brand new inclusion in order to Kenneth Rogers, d/b/a Ken Rogers Plumbing work. Rogers offered to do the work for $twenty-two,100, become paid in around three installment payments, to begin with after the occupations are „roughed for the.“ Once searching this new outsource, Rogers borrowed $15,five hundred about Resellers and you will Producers Bank having dollars ready to meet up with expenditures due up until the very first installment is actually paid back. To find the loan, Rogers signed a buyers note and you can safety contract into the lender. To help you contain the mortgage subsequent, the bank expected Rogers to help you designate his outsource into Delta Hotel job into lender.
Towards March 11, 1981, Merchants and you can Farmers Bank sent Newton a page providing him notice of one’s project by Rogers.