Prouty Lumber & Box Co. v. McGuirk

On Petition eob, Rehearing

BAILEY, J.

In a petition for rehearing the appellants urge that the decree appealed from should be reversed and a decree entered in their favor. In support of the petition they assert (1) that our original opinion herein ignored the theory upon which the plaintiff tried the case in the circuit court, and (2) that the contract between the defendant, Walter T. McGuirk, and the builder, Holmes, was not made for the benefit of the plaintiff.

In our former opinion we referred to and quoted from that contract and held that, in the purchase of materials from the plaintiff,…