Ginsberg v. Capitol City Wrecking Co.

This is a chancery suit for an accounting arising out of the construction of a house for plaintiffs.

On September 1, 1939, plaintiffs entered into a contract with Abram M. Fisher, doing business as Fisher & Weber, wherein it was agreed that Fisher would build a house for plaintiffs for the sum of $6,500, payable $1,000 upon the execution of the contract and the balance of $5,500 when the house was completed, which event was to occur on or before January 1, 1940. The contract contained the following provision:

“If financed under Federal housing act insurance mortgage plan, upon completion of…