| Show PlnO 1101 The Supreme ourt hAndod lown on opInIon toly In Ike 00 01 Nothan1 Montgomery respondent vs III calm II Spencer and ThomaH D Dee appellants appel-lants Impleaded with Anton Illef re cornIng root nmolldhu the eoue wnh dlrectlo to tlm court hlow to 010 cold the netlon and enlr Jllllmont In fnvor of the appellants for cost The opinion In I written by Justice Ilnrtch and concurred by Chief Justice Zane and Justice Miner Thin was nn action to recover JIBS JI-BS C3 on a bond brought by Montgomery Mont-gomery against lllef on oontroetorond principal and Olrenccr ntul Dee cc lurUe The eonlrAet core for the retloll of the Asrleulluml Collage ot Logan Tho omount cia Imert wo for mAlerlAI rurUIhed hhe000teoetor by Wllllom lIellloy Juagmnt rerod I on i the ground that In tho cbntnct thero Is I no provision expressly raring ra-ring tho contractor to pay material mn ond loborr belor tUMlin oOr the building to the trustees and re leAlnll the bOllden Tire rout t also rendered n decision today In tho case of The George It Ilarso Ilvo Mock compAny plaintiff Dlul rOBIonlent or TImo lIono Valley mottle coinpanr and j sfuart mie lnIAnt n1 oppUAnt omrmlng tho Judgment of the court below The opinion Is I delivered by Justice Miner and concurreil by Chief Justice Zane and Justice Itartch |