70 Mo. App. 146 | Mo. Ct. App. | 1897
The defense was, that the contractor Ward failed to construct the building of the materials and in the manner he agreed to, or “according to the plans and specifications,” but that notwithstanding this the defendant Williams had paid the full contract price and also for all extras, and had also been compelled to and had paid off several mechanics’ liens, and that because of the bond made by Ward and the plaintiff to indemnify the defendant Williams, he, the plaintiff, ought not to be allowed to recover.
The court (jury being waived) made a finding of facts to the effect that Ward, the contractor, owed plaintiff. $207.21 for lumber and material purchased for and which went into the construction of defendant
On the facts as found by the court the judgment is for the wrong party, and will be reversed.