Hall v. Gargaro

Boyles, J,

May 6,1941, these parties entered into a written contract whereby plaintiff agreed to furnish all the material and labor and erect a store building for defendant at the corner of Livernois and Chippewa avenues in Detroit, for an agreed sum. The building was completed, defendant made payments on the contract but withheld an unpaid balance of $1,539.90,15 per cent, of the total contract price, which defendant refused to pay, claiming stipulated damages of $10 per day for plaintiff’s failure to complete the building within the contract time limit, and damages for failure to erect the…