Mundorff v. Board of School Directors , 4 Pennyp. 103 ( 1884 )

Per Curiam:

There was no privity of contract between these parties. The school-directors contracted with Oakley only. The whole sum for which he was to build the school-house was to be paid to him, with the single qualification that, when ordered by him, they would pay all bills for material and labor. He did not order them to pay these bills in contention. The Court- was clearly right in ordering a compulsory non-suit and in refusing to take it off.

Judgment affirmed.