Economy Pumps, Inc. v. F. W. Woolworth Co.

EaRNHIll,- J.

Plaintiff seeks to recover on either one of two theories: (1) that tbe Economy Plumbing & Heating Company was a subcontractor, that defendant bad notice that plaintiff bad not been paid for tbe material furnished by it prior to tbe settlement with tbe contractor and notwithstanding such notice failed to retain a sufficient part of tbe contract price to pay for same; and (2) that tbe Economy Plumbing & Heating Company was an agent or employee and not an independent contractor, that when it purchased material from tbe plaintiff it did so on behalf of defendant and that defendant is…