Mattei v. Clark Hardware Co.

Dunnivant, a contractor, built a house for Mattei under supervision of Tom Gardner as architect. Upon completion Gardner required Dunnivant to present the bills for labor and material used in construction of the house, approved the bills and they were paid by Mattei who supposed that all liens upon the property were discharged. He had no knowledge of the account of Clark Hardware Company for materials supplied Dunnivant and used in the building.

Clark Hardware Company’s account was not paid by the contractor, Dunnivant, and upon presentation Mat-tei refused to pay it. Notice was given Mattei…