Thomas F. Reilly & Co. v. Scheer

Judgment unanimously reversed upon the law, with thirty dollars costs to appellant, and complaint dismissed, with appropriate costs in the court below.

The complaint alleges that the plaintiff was employed by the defendant. There was no proof to support this, and the court did not submit the case to the jury on. this theory. The plaintiff furnished its materials for the contractor who was to build the garage for the defendant. Therefore, the plaintiff could not recover unless the proof showed that the defendant owed the contractor money; and if the owner spent more in completing the work than…