Wingilia v. Ashman

Plaintiff, a building contractor, entered into a written agreement with defendant to repair his dwelling house. Under the terms of the contract plaintiff was to receive $800 upon completion of the foundation, and the further sum of $1,000* upon the completion of the roof. The balance, $1,384, was to be paid when the work was completed. When the foundation was in and the roof completed plaintiff received only a part of his money, and defendant made promises of payment of the balance, but did not make good. Plaintiff, therefore, abandoned the work, and brought this suit to recover his damages…