Joint School District No. 4 v. Bailey-Marsh Co.

The defendants earnestly contend that the plaintiff breached the contract by failing and refusing to pay the February and March, 1918, estimates. That part of the specifications material is as follows:

“Once in each and every month during the progress of the work the owners shall pay to the contractor a sum equal to ninety per cent, of the value of the work done and material furnished during the preceding month as assessed by the architects, and the balance thirty days after the completion and acceptance of the building according to this specification.”

The question is, Was the material which…