American Marble Co. v. First National Bank

Bkownson, P. J.,

The plaintiff, a contractor, sues upon a contract for the doing of certain construction work. He avers that the work was completed; that he made demand upon the architect for the issue of the final certificate provided for in the contract; and that the architect wrongfully and by collusion with the defendant refused to issue and withheld it.

By statutory demurrer the defendant makes two objections to the statement of claim. The first of these is that the statement does not set forth whether the demand for and refusal of the architect’s certificate were oral or written, nor…