Kelly v. Kellogg

Unless appellant is jointly liable with Miller, under the 5th section of the Mechanics’ Lien Law of 1869, the present judgment can not be maintained. The alleged contract, made between Miller and his securities and Kelly, by which the latter agreed, upon the guaranty of the sureties to reimburse him, to pay such bills for materials as he should purchase, with which to complete his contract, as should be certified by Cochrane, Miller and Sinclair, by no fair construction created any joint liability for the goods, as between Miller and Kelly. "Whatever obligation arose out of that agreement was…