Sexton v. School District No. 34

The opinion of the court was delivered by

Scott, J.

— The appellant contracted with one Schenck for the erection of a school house, but took no bond as is *6required by §2415, Gen. Stat., to secure the pay for laborers and for materials furnished. The respondents brought this action to recover pay for certain lumber which they claimed to have sold to Schenck to be used in the erection of said building, and which they claimed was so used. Appellant denied that the respondents had furnished any lumber to Schenck or for said building, but claimed they had sold the lumber in question to a firm,…