Foulk v. Hampton

Opinion by

Mr. Justice Simpson,

Defendant, who was the general contractor for the erection and construction of a public school, entered into a subcontract with plaintiffs for them to supply certain of the materials and do certain of the work required by the general contract. By agreement of the parties, a referee was selected to try the present suit, brought on the subcontract; he filed a report, which was referred back because of an error of law which affected his award; a second report was likewise sent back for the same reason; and his third report, finding in favor of plaintiffs, as the…