McAlpin v. Duncan

Cope, J. concurring.

A question arises in this case as to the liability of a party making a contract for the building, etc., of a house, with a contractor. The defendant, Tevis, entered into a written contract with the defendant, Duncan, by which Duncan agreed to erect on the lot of Tevis a dwelling house, according to certain plans and specifications, at his own expense, he furnishing all the labor and materials, etc.; and Tevis agreed to pay him $11,850 in installments. This sum, together with other sums due Duncan for extra work, Tevis paid without notice of indebtedness of Duncan to…