Delaware, Lackawanna & Western Railroad v. Hardy

The opinion of the court was delivered by

Magie, J.

The bills of exceptions show the following undisputed facts:

The Passaic Rolling Mill Company contracted with the Delaware, Lackawanna and Western Railroad Company, the plaintiff in error, to furnish at a specified price the materials for rebuilding certain railroad bridges of the latter company and also skilled workmen to erect such bridges. The workmen furnished were such as had previously been in the employ of the rolling mill company. They continued to be paid by that company, but after payment the amount paid, with some percentage added,…