Fairfield Lumber & Supply Co. v. Herman

The question upon this appeal is whether the five plaintiffs, having been promised by the defendant that he would compensate them for labor and materials furnished by them in the erection of his dwelling house, may maintain a single action against him in the Superior Court when the amount in demand claimed by four of them, if treated individually, would be within the exclusive jurisdiction of the Court of Common Pleas. The allegations of the complaint may be summarized as follows: All the plaintiffs either furnished materials or rendered services or both for the defendant in the construction of his house. The general contractor was Julius A. Hubler, who became a bankrupt. In consideration of the plaintiffs' continuing upon the original contract and completing the house, the defendant promised the plaintiffs that