Stanton v. Babor-Comeau & Co.

Appeal from a judgment dismissing upon the merits the complaint and counterclaims of the lienors herein. On January 31, 1933, the State entered into a contract with the defendant Babor-Comeau and Company, Inc., for the construction of a prison at Woodboume, N. Y. The ultimate contract price was $803,350.45. On January 4, 1935, the contractor defaulted and abandoned the work. It had then done work amounting to $673,918.31, against which it had received the sum of $620,300, the State retaining percentages amounting to something over $53,000. The State called upon the surety for the contractor…