Austin Stone Industries, Inc. v. Capitol Powder Co.

HUGHES, Justice.

The genesis of this suit is a contract between A. Hobbs and Austin Stone Industries, Inc. whereby Hobbs agreed to “strip and move the overburden from 2 units of Austin Stone land’’ for a total consideration of $11,497.50.

Blasting was necessary in performing this work and the requisite materials were purchased from the Capitol Powder Company. When payment therefor was not made the Powder Company sued Stone Industries for the amount due. Stone Industries thereupon impleaded A. Hobbs alleging that he had breached the aforementioned contract and that it was entitled to damages and…