S. Riggi & Son Construction Corp. v. Frouge Construction Co.

McLAUGHLIN, Circuit Judge.

In this diversity case appellant subcontractor sued appellee general contractor for breach of contract. Defendant pleaded “that prior to the commencement of this action plaintiffs executed and delivered complete releases discharging and releasing defendants from any and all claims.” It was agreed between the parties that the release issue be tried to. the court. The release was marked DX1 in evidence. Its first paragraph reads:

“KNOW ALL MEN BY THESE PRESENTS that S. RIGGI & SON

(Name of firm)

CONSTRUCTION CORP. Subcontractor furnishing material and performing work for…