Gaither Corporation v. Skinner

We concur with the view of the court below that C. R. Hopkins is not a necessary party to the action which the Gaither Corporation has instituted against defendant Skinner for damages for faulty and defective material used by him in the construction of plaintiff’s building in breach of the terms of the contract entered into between plaintiff and Skinner. We think the action of the court in dismissing Hopkins from the action should not be held for error.

It may be conceded that plaintiff might have maintained action against Hopkins on bis subcontract with Skinner, as one made for the benefit of…