Condon v. H. C. Hazen Contracting Co.

The controlling question in this case is whether the written contract, plus the agreements for additions to and subtractions from the plans and specifications, is entire or separable; and the contrary judgments rendered by the trial court and the Court of Appeals are due to those courts having reached different conclusions upon the subject of the divisibility of the contract.

Manifestly, if the contract is entire there could not be substantial performance, under the following finding of fact of the special master: ‘ ‘ The concrete for the walls and roof had been poured, but no roofing had been…