McComb v. Neptune Boiler & Machine Works, Inc.

The following is the opinion of the court below:

Callaghan, J.:

The theory of the action is that plaintiff has completely performed his contract, and he seeks to recover the contract price. The plaintiff agreed to deliver and install six motors and furnish other materials and to do other work specified in the contract. He furnished some material and did a part of the work contracted for and furnished two of the motors. After the date specified in the contract for completing all the work he tendered to the defendant at its place of business four of the motors and demanded payment, stating that…