Kelly & Brodock v. Greenough

The opinion of the court was delivered by

Dunbar, C. J.

— The complaint in this case alleges that in August, 1892, defendant entered into a contract with one H. A. Brown, in the state of Idaho, by the terms of which Brown was to get out and deliver to defendant a certain number of railroad ties, at a stated price per tie, defendant agreeing to pay all persons performing labor or furnishing material or provisions in and about the getting out and delivery of said ties. It was further agreed by the said parties to said contract that defendant would accept and pay any and all orders or drafts in…