H. W. Johns-Manville Co. v. Allen

FLYN'N, Commissioner.

— The questions involved in this action are: The right of appellant to recover from the Nampa Department Store, as garnishee of respondent, Allen; and, if the garnishment be not upheld, the right of appellant to a mechanic’s lien for materials furnished in the construction of a building for the Nampa Department Store. The American Surety Company, as surety for Allen, the contractor, claims that under its contract of suretyship it became subrogated to the rights of the department store, and that whatever moneys remained due to Allen on the building contract were held for…