Setzer v. Whitehurst

WILLIAMS, Judge.

The Chesapeake & Ohio Railway Company contracted with Butler Manufacturing Company to Construct a reclamation building on its property in Greenup County, Kentucky. Butler Manufacturing Company subcontracted the erection of the building to appellant, W. C. Setzer, and Setzer in turn subcontracted the construction work to various individuals, among whom was ap-pellee E. B. Whitehurst, who had the contract for erecting sheet metal, cement board, insulation, gutters and downspouts. During the course of the construction appellee wrote to appellant advising that it was impossible…