Larson Concrete Co. v. Stroschein

Although I agree with much of what Chief Justice Fosheim says in his dissent, I would agree with the majority opinion to the extent that there may be circumstances under which a supplier is charged with the duty of applying a contractor’s payment to the account incurred for the materials supplied to the owner’s premises. For example, if in the instant case contractor had endorsed owners’ payment check over to supplier, I think all would agree that the proceeds of that check would have had to first be applied to the account balance representing the concrete furnished to owners’ premises. Cf.…