Kramer Brothers Co. v. Powers

Whittle,

J., delivered the opinion of the court.

On December 1, 1950, C. B. Powers, a building contractor, entered into an agreement with W. H. Ferebee to construct a residence in the city of Norfolk at an agreed price of $19,437. Construction was begun on the job and the house had been partially completed when Powers died on February 16, 1951. At this time Ferebee had paid $10,500 on the contract price, leaving a balance due upon completion of $8,937, plus a small amount for extras.

At the time of his death, Powers owed bills to various firms who had _ furnished materials to the Ferebee job,…