104 Mich. 249 | Mich. | 1895
The facts in this case are admitted. The defendants, in the year 1885, were the duly-elected officers of the school district and constituted the school board of the city of Ludington. The school district authorized the building of a schoolhouse in the First ward of the city, and the board, after advertising foh bids, let the contract for the building to the lowest bidder, Mr. John Briggs, for §6,073, The plaintiff at that time was a manufacturer of red brick. After Briggs was awarded the contract for the building, he arranged with the plaintiff to supply the
On the trial the court below directed verdict in favor of the defendants. It is apparent from the remarks of the-learned judge that the reasons which moved him to give-this direction to the jury were that there was some evidence which showed, or tended to show, that the plaintiff was a subcontractor, and that, therefore, the statute did not apply, as was held in Avery v. Board of Supervisors, 71 Mich. 538. We are, however, unable to find any evidence that the plaintiff was a subcontractor. Mr. Briggs-took the contract at $6,078, and was to supply all the material for the building. The entire arrangement with the plaintiff was for brick to be delivered upon the ground at $6.50 per thousand, which was afterwards changed to $6 per thousand. It is true that some talk was had between the plaintiff and different members of the board about using his brick, and they were left a sample of the brick. He also had some talk with the different members-about a change from red to white brick, and some claim is made that it was done for the plaintiff's benefit. But this does not show or tend to show that the plaintiff stood in any other relation to the board or to Mr. Briggs than as a material man. He was furnishing the brick, not for a lump sum, as under a contract, but was to supply them as would any other material man supply the lime or sand or other articles to be used in the building, at so much per thousand, per barrel, or load. Clearly, he could not be classed as a subcontractor. The case is ruled by Owen v. Hill, 67 Mich. 49; Plummer v. Kennedy, 72 Id. 301; Wells v. Board of Education, 78 Id. 268; Weinberg v. Regents of University, 97 Id. 246.
Judgment reversed, and a new trial ordered.