Campbell, Morrell & Co. v. Lehocky

The opinion of the court was delivered by

Tkeitchaed, J.

This writ of error brings up for review a judgment of the Supreme Court in favor of Campbell, Morrell & Company, the plaintiffs below.

The case was tried at the Passaic Circuit before the judge without a jury upon an agreed state of facts.

The material facts were these: On July 6th, 1905, the defendant, Lehocky, entered into a contract with the firm of Searnecki & Brothers for the mason work of a new building of the defendant at Passaic. The consideration of the contract to be paid by the defendant was the sum of $5,019, payable in…