Fredericks v. Donaldson

On Motion to Dismiss.

The opinion of the court was delivered by

Miller, J.

The plaintiff appeals from the judgment on his petition against the defendant, the contractor for the erection of buildings for the plaintiff, and against the contractor’s sureties, and against the workmen and furnishers of materials, claiming liens on the buildings for work upon and materials furnished for the buildings.

The contractor abandoned the work, and the plaintiff completed the building for less than would have been due the contractor, if he *472had performed his contract. When the plaintiff finished the erection,…