Jaeger v. Beberdick

The opinion of the court was delivered by

Dixon, J.

The declaration in this case, the substance of which is stated in the headnote above, fails to aver any fact *373from which, would legally arise the alleged duty of the plaintiff to use the money, paid to him on the contract, for the purpose of paying for the labor and materials employed in building the houses. His duty to pay for such labor- and materials is clear, but he was under no obligation to apply any specific fund to that purpose. Hence the duty is not legally pleaded. Breese v. Trenton Horse Railway Co., 23 Vroom 250. That allegation…