Marston Brothers Co. v. Oliver W. Wierdsma Co.

The essential facts as they appear from the complaint will first be stated.

On March 5, 1940, Oliver W. Wierdsma Company, hereinafter called the “contractor,” agreed in 'writing with the trustees of Lawrence College to build five fraternity houses on the college campus. No bond was required of the contractor.

' Shortly after the execution of the contract the contractor assigned to the Home Savings Bank as collateral security for loans previously made to said bank all its interest in and to the proceeds of the contract. During September and October, 1940, plaintiff furnished materials for these…