Schwartz Supply Co. v. Breen

JANVIER, Judge.

Schwartz Supply Company, Inc., claims from A. L. Fishman, a contractor, and Morris Breen, the owner of certain prop erty which Fishman undertook to improve, $165.77, representing the alleged balance due for certain materials furnished by plaintiff to Fishman and used by him in carrying out the contract for improvements. Fishman makes no serious defense to the claim, but contends that such amount as may be due is due by Breen, and he calls Breen in warranty and prays for judgment against him for such sum as he, Fishman, may be required to pay to plaintiff. Breen, answering the…