76 Mo. App. 281 | Mo. Ct. App. | 1898
Anderson Brothers were the general contractors for the erection of a church building for their eodefendants, the Congregation Shaare Emeth. Plaintiff was the sub-contractor for slating the roof of the building at the price of $3,267. Anderson Brothers stipulated with their codefendants that the church should be made water tight and guaranteed it against leakage for two years. Plaintiff agreed to do the work sub-let to it, “according to the plans and slate specifications” prepared by certain architects, and in this manner completed its work, upon the roof as it was furnish' d to be covered, in October, 1896. The building was delivered over for occupancy in January, 1897. About that time the architects notified plaintiff that the roof leaked and requested a report as to the causé. The evidence tended to show that the cause of the leak was ascertained to be a want of sufficient pitch in the roof to enable it to carry off the water; that it was not' attributable to the work or material furnished by plaintiff. In April, 1897, plaintiff demanded of the general contractors $326.70, balance due it for the work in question. The general contractors thereupon wrote out an order for that sum in plaintiff’s favor upon the Congregation Shaare Emeth, who declined to pay it on the ground that the general contractors had
When the indebtedness accrued depends upon the relationship of the parties and the facts in evidence. Plaintiff had no contract with the owner of the building, nor were they under any personal liability to it.
Plaintiff’s only contract was with the general contractors, and under the terms of that agreement plaintiff’s only duty was to cover the roof which the general contractors should furnish for that purpose — with the
Finding no reversible error in the record, the judgment is affirmed.