Kreyer v. Driscoll

The plaintiff complains the findings of fact as to terms of the building contract are in error because they omit: (1) The plaintiff was to receive payment in four draws as the job progressed; (2) he was to use the draw money only for Driscolls’ house; and (3) the plaintiff was to submit lien waivers to show for what he had used the draw money. The record is voluminous and contains much evidence relating to these three issues. The evidence is conflicting but it does appear the plaintiff was to receive payment in four draws on condition that he submit waivers of liens as a condition precedent…