Taylor v. B. & W. Electric Supply Co.

Clark, Judge.

This is an appeal by a co-defendant electrical subcontractor from a summary judgment granted a plaintiff materialman for the amount sued for materials supplied in construction of a school building.

This appeal does not involve the co-defendant who was the general contractor and who tendered into court the amount for which a judgment had been sought against it as co-defendant, this being done as a stakeholder. This co-defendant also pleaded a cross claim against the co-defendant subcontractor.

In seeking its summary judgment against the subcontractor, plaintiff relied upon an…