Quaack v. Schmid

In the summer of 1888 the appellee, a church corporation, let a contract to one C. Bender to furnish the material for, and erecta church building on real estate owned by the appellee in the city of Indianapolis. Bender sublet to one Wehking the contract for furnishing and laying all brick used in constructing the building. Wehking, in turn, contracted with the appellant to deliver to him, on the ground, one hundred thousand of the brick. After the delivery of seventy-six thousand of the brick the appellant saw John C. Schmid, who was one of the appellee’s trustees, and a member of its…