Fitzgerald Spear Co. v. Kelly

The opinion of the court was delivered by

Gummere, Chief Justice.

The defendant, Ivelly, was the rector of St. Rose’s Roman Catholic Church at Oxford Furnace. A written agreement was made between the church and one Lennon for the building of a rectory for the use of the church corporation as a home for its rector. . Lennon procured from the plaintiff a considerable quantity of lumber to be used in the erection of the building. Failing to pay for the same, the plaintiff refused to supply any more lumber to him until it had received'something on account. Thereupon, according to the testimony…