Kiely v. Bertrand

Eugene Kiely commenced suit in assumpsit against William Morrison, and garnished the defendant.

Interrogatories were filed, and a written disclosure made, from which it appeared that whatever indebtedness had existed between defendant and Morrison was under a written contract to do a job of logging for defendant, in which contract this clause occurs:

“The second party reserves the right of knowing that labor bills are paid before paying any final amount due first party, in order to protect himself from labor liens.”

It further appeared from the disclosure that Morrison failed to complete the…