I. & G. N. R. R. v. Hutchins

Opinion by

Willson, J.

§ 303. Privity of contract. Hutchins sued the I. & G. N. R. R. Co., Ross & Harris, Ricker, Lee & Co. and D. W. Smith upon an account for $160.60. Ross & Harris were contractors of the railroad company, constructing its line of road; Ricker, Lee & Co. were sub-contractors under Ross & Harris, and D. W. Smith was a sub-contractor under Ricker, Lee & Co. Hutchins furnished a laborer and a pair of mules to work, on the road for Smith, and for which Smith agreed to pay $3.50 per day. Ricker, Lee & Co. had fully paid Smith. Smith never paid Hutchins, and Hutchins sued all the…