Durkee v. Conklin

In April, 1896, W. A. Wagner entered into a contract in writing with appellants, wbo were defendants in tbis suit, to construct for them a certain irrigating ditch, for which he *315was to be paid a stipulated amount per rod. This construction work necessitated the employment by Wagner of a considerable force of men, and in order to carry out his contract, it was also necessary for him to purchase a considerable amount of groceries and other supplies for his men and for the work. These supplies were purchased from plaintiffs, Conklin & Gaunt, who were merchants doing business in the vicinity.…