Engineers Construction Corp. v. Tolbert

The court below overruled a demurrer to the further and separate answer of defendant Tolbert to plaintiff’s bill of interpleader, the plaintiff stood by the demurrer, and, upon judgment against him, brings error. There is no brief nor appearance for any defendant in error.

The plaintiff was engaged in constructing a road under contract with the state highway department. It let a subcontract to defendant in error Lafferty to furnish sand and gravel. Lafferty completed his contract and plaintiff paid him all but $513. Tolbert had done part of Lafferty’s work and sued plaintiff before defendant…