Conklin v. Plant

This was an action in assumpsit brought by the appellees against the appellant to recover for the value of certain building material which they had furnished to one Horton, who was a contractor, with appellant, to build a house on his premises, which material was used in constructing the house, and which Horton had failed to pay for according to the contract between him and appellees.

This suit is brought under Sec. 35, Chap. 82, as amended by the Legislature 'in 1887; Session Laws 1887, page 221. This statute provides in substance that the original contractor, whenever any payment of money…