Bourisk v. Amalfitano

WERNICK, Justice.

On March 5,1973 defendant Michael Am-alfitano and a corporation, Select-A-Home, Inc., executed a written document in which it was stated that Select-A-Home would construct an apartment building for defendant and defendant would pay the sum of $104,804.00 for the construction work

“so long as . . . [it] begins within ninety (90) days from the date hereof.”

Also included in the writing were other pertinent provisions as follows:

“3. Amalfitano shall pay to the said Select the sum of $5000 in cash if the said Select does not build the above mentioned apartments as indicated above.

“4…