Richmond Engineering & Manufacturing Corp. v. Loth

Sims, J.,

after making the foregoing statement, delivered the following opinion of the court:

The material questions presented by the assignments and cross-assignments of error will be disposed of íd their order as stated below.

*139As stated in the brief of counsel for the defendant, Loth—

1. “The main question at issue is what construction should be put upon the letter” of April 2, 1913; is it to be construed as a promise of Loth, binding him to pay the unpaid subcontractors and material men not only the money then owing and subsequently becoming due, which Loth might owe upon a final settlement…