Fairbanks-Morse Company v. Hogan

Ben M. Hogan’s written proposal of January 4,1937, to supply all materials and perform all labor necessary in providing a waterworks system for $32,417.25 was accepted by the incorporated town of Mammoth Spring, the work to be done according* to drawing’s and specifications referred to in the contract.

A part of the plant was to be a well 300 feet in depth, with certain appurtenances. Dennis D. Doty 2 agreed with Hogan to drill the well and supply certain items for $4,332. Fairbanks-Morse & Company 3 (October 5, 1938) sued Hogan for $1,265.54, alleging Doty was Hogan’s subcontractor, and that…