Marski v. Simmerling

One Louis Krueger having a contract with Jacob Marski to build for him, appellant, a house, made a contract with John Simmerling, appellee, to do the plastering. Simmerling did the work, and having first served notice under the statute upon Marski, thereafter, not being paid, brought suit against Krueger and Marski, as jointly liable.

Hpon the trial it did not appear upon what terms Krueger undertook to build the house, whether for cash or real estate, when he was to be paid, or that he had ever' completed his contract, or was entitled to anything, either when the notice was served or at any…