Daley v. Somers Lumber Co.
New Jersey Court of Chancery
On bill of interpleader, answer and proofs. The complainant, the owner of a lot of land at the northwest corner of Baltic and Kentucky avenues, in Atlantic City, contracted with one Erank Muth that he (Muth) should furnish all the labor and materials for the erection and construction of a building described in a written contract and specifications.
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On bill of interpleader, answer and proofs. The complainant, the owner of a lot of land at the northwest corner of Baltic and Kentucky avenues, in Atlantic City, contracted with one Erank Muth that he (Muth) should furnish all the labor and materials for the erection and construction of a building described in a written contract and specifications. The contract in the clause which deals with the contractor’s right to payment in various contingencies declares that “the architect shall audit and issue a certificate, which shall be conclusive upon the parties, unless decided by arbitration,” &c.…
1Opinion of the Court
G-key, Y. C.
The phase of this case now under consideration presents only one question, and that is whether the complainant has shown himself to be entitled to a decree against the defendants which will compel them to interplead with each other to fix their claims upon the sum of $884, which the complainant alleges is all that remains in his hands of the contract price agreed to be paid for the construction of the building.
*346This is the bone of contention, the defendants insisting that the complainant has no right to compel them to interplead, because the sum he tenders, $884, is not the full…
2Cited by2 opinions
- Hubbell, Hall & Randall Co. v. PentecostSupreme Court of Connecticut · 1915
- Hasson v. BruzelNew Jersey Court of Chancery · 1929