Anthony v. Cooley

The Town of Hartford City in Blackford county, Indiana, it is alleged, made a contract with appellee, Cooley, to improve a street in said town, along the line and in front of the property of certain citizens and owners, etc.

This suit is against one of said owners, for work done under that contract.

As the suit was against the defendant for work done, not under a contract made by him, but by a third party, it was necessary to the liability of the defendant for work so done, that it should be shown by averments in the complaint, and evidence on the trial, that such third party had power to make…