Call v. Terminal Supply Co.

Taylor, C.

The plumbing and heating fixtures in a building erected by plaintiff in 1922 were furnished and installed by a contractor named Clarke who purchased his material from the defendant. On March 15, 1922, defendant executed a waiver of its right to a lien for all material furnished Clarke prior to that date, and thereupon plaintiff paid $500 to Clarke on his contract and Clarke paid $722.84 to defendant for material furnished. Thereafter Clarke obtained from defendant the additional material needed to complete the contract. He became insolvent and was adjudged a bankrupt in the early…