Wells v. Martin

CAMPBELL, J :

Martin & Barnett sued plaintiffs in error for certain provisions and similar supplies furnished, and in form charged to one James McG-arry, but alleged to have been furnished to him as agent and on account of plaintiffs in error.

Wells & French, the plaintiffs in error, had taken a contract for building a part (or all, it does not appear which) of the Chicago & Michigan Lake Shore Railroad. Portions of this they let out to sub-contractors. On the 13th of September, 1870, they contracted with McGarry to construct a part of the line from the Grand river to Nunica, and from Grand…