McDermott v. Rossney Contracting Corp.

Charles B. Wheeler, Official Referee.

The defendant was the successful bidder for the work and had been awarded the contract to construct the road. The plaintiff was the owner of the necessary equipment and machinery for doing it. The parties entered into a written contract reciting these facts, in and by which the defendant agreed " to furnish all material and supplies and to pay for the same, and also to pay all payrolls on the construction of the highway,” and the plaintiff “ agreeing to furnish all tools, machinery and equipment necessary to build said highway, including one truck, but…