Rifkin v. Overbey

GRISSOM, Justice.

Albert P. Overbey instituted this suit «gainst Louis Rifkin to recover for labor done and material furnished in the erection of a building by Rifkin and to foreclose a laborer’s and materialman’s lien on the building. Plaintiff alleged that in making the contract, under which plaintiff and his helpers performed the labor and furnished the material for the erection of defendant's building, the defendant acted through W. E. Harrell, his agent, servant and employee. Defendant answered, among other things, that Harrell was an independent contractor and not his agent. The jury…