W.H. Sawyer Lumber v. Murphy

The plaintiff sues in contract to recover the sum of $3,299.66 for goods sold and delivered. The answer is a general denial that the plaintiff had sold and delivered goods to the defendants, and that the plaintiff “contracted,” if at all, with a third party, who was neither the agent, servant, or employee of the defendants. At the trial, there was evidence that the plaintiff was in the business of selling lumber and other building supplies and had furnished certain supplies to one Lundquist2, a contractor, *216who, in turn, was building a home for the defendants under a contract. On or about…