Cannell v. Michel

The judgment of the court was pronounced by

Prestoíy, J.

One McMillen contracted with the defendant to build him a house in the city of Lafayette. The work was to be paid for in five installments. A cistern was to be furnished, as part of the work to be done, to entitle the builder to payment of the fourth installment.

*578McMillen engaged Cannell to make and put up the cistern for fifty dollars. He was to receive an order from McMillen, the builder, on Michel, the owner of the property, for the price of the cistern; and it is proved by McMillen, that it was agreed that if the order was not paid, he…