159 Mich. 133 | Mich. | 1909
This suit is brought upon the statute bond referred to in the opinion of this court in the case of Frederick W. Kuennan against these defendants. Ante, 122 (123 N. W. 799). That opinion is decisive of the defenses interposed by the defendants in the court below in this case, excepting only of the question whether plaintiffs were materialmen or were subcontractors. Being of opinion that they were subcontractors, the learned trial judge directed a verdict for defendants. The material facts are not disputed and may be stated in few words. The National Construction Company undertook to construct in and for the city of Grand Rapids a sewer according to certain plans and specifications. In the construction of the sewer, concrete blocks were used and these blocks were of different sizes as the sewer varied in its diameter. Six blocks of the same size, when in position, completed a circle. Plaintiffs manufactured and furnished 15,814 blocks, at an agreed price of 22 cents each, which were used in the sewer, and the construction company is indebted to them therefor in the sum of $1,-153.48. The steel molds in which the blocks were formed were furnished to the plaintiffs by the construction company. When plaintiffs entered into parol agreement with the construction company to furnish these blocks, the sewer was partly constructed and the concrete blocks theretofore used were made either by the construction company or by some one for it. Plaintiffs agreed to furnish so many as should thereafter be needed. Plaintiffs did not carry such blocks in stock, but had before manu
The judgment is reversed. As the record leaves it uncertain whether the amount due to the plaintiffs, if defendants are found to be liable, is agreed to, a new trial is granted. .
