Marsh v. Rothey

Hatcher, President:

This suit depends upon whether one who sold crushed stone to a structural contractor should be classed as a subcontractor or a materialman.

The plaintiffs worked for, or furnished materials to, Foster Bland, while he was engaged in the preparation and delivery of crushed stone to defendant, A. G. Rothey. The latter was constructing a dam for the city of Parsons. Rothey paid Bland in full, but Bland did not settle with the plaintiffs. They recovered herein a decree in the circuit court against Rothey and his surety, the defendant Seaboard Surety Company, for the several…