McClain and Canaday v. Coleman

Opinion op the Court by

Judge Sampson

Affirming.

Two appeals are presented upon the same record, one styled McClain and Canaday v. Coleman, et al., and the other styled Coleman, et al. v. Phipps, etc. They involve largely the same questions.

In 1920 Coleman, the owner of a lot in Mayfield, contracted with Hatcher, a builder, whereby he employed Hatcher in consideration of $6,340.00 to furnish all the labor and material and erect for Coleman on his lot a dwelling house, according to certain plans and specifications attached to the written contract.

It was provided in the contract that Hatcher, the…