W. L. Macatee & Sons, Inc. v. House

Mr. Judge Taylor

delivered the opinion of the Commission of Appeals, Section B.

H. C. House was the owner of a lot in Houston. He contracted with T. B. Hubbard Construction Company to erect a theatre building upon it. The company, as general contractor, sublet to Torpey & Bamberg, a partnership, the plastering work on the building. They, as subcontractors, purchased the plastering material from W. L. MacAtee & Sons, a corporation, which will be referred to as the materialman.

Two suits were filed. The first was an interpleader suit by the general contractor, to .determine whether funds ($549.47)…