Somers Lumber Co. v. Kaufman

The opinion of the court was delivered by

Trenchard, J.

This action was brought by the plaintiff below pursuant to a stop-notice given under a construction contract, wherein one Arbegast was the builder and the defendants were the owners. The contract, which was duly ( filed in the county clerk’s office, contained the following pro-' , vision:

“Party of the first part agrees to pay for said labor and materials the said sum of twenty-two thousand four hundred and twenty-six [$22,426] dollars, in manner following:

When foundations are erected ....... $2,500

When third story joists are set.......…