Flaugh v. Empire Clay Products, Inc.

Opinion by

Mr. Justice Day.

We will refer to plaintiff in error as Flaugh and to defendant in error as Empire.

Empire commenced an action in debt against Flaugh to collect the sum of $4683.66 “on an account” “for goods sold and delivered” plus interest and costs.

Flaugh was the principal contractor in the construction of a hospital in Durango. Among the subcontractors were Riffle and Dunlap, not parties to the action, who did the brick work on the hospital. They purchased the bricks from Empire and failed to pay for them.

Pursuant to C.R.S. ’53, 86-7-7, Empire filed its “Statement of Intention”…