Schnepp v. . Richardson

The plaintiff, to recover, must prove: (1) his subcontract; (2) work done and labor performed in fulfillment thereof; (3) a balance due; (4) notice to the owner as required by statute prior to payment of the contract price to the principal contractor; and (5) a balance due the contractor. C. S., 2437; C. S., 2439-40. Upon such showing the law requires the owner to apply the unexpended contract price due the contractor to the payment of amounts due subcontractors and materialmen of whose claims the owner has received notice. C. S., 2439-40-41; pro rata if necessary. C. S., 2442; Construction…