Lindsey v. . Mitchell

Plaintiff alleged in his complaint, and on the trial offered evidence, tending to show that defendants, Mitchell & McCauley, were contractors, who had constructed a public graded-school building for the city of Burlington; that plaintiff had supplied building material which •had been used in'said building, an itemized statement of the amount being filed and exhibited, and there was a balance due plaintiff thereon of $1,211.88; that on notice, duly filed, the city of Burlington had retained from sum due contractors an amount sufficient to pay plaintiff’s claim, and same was ready and available…