Walker v. Ball

The facts disclose that on the 30th day of April 1957 a contract was entered into by Fred Egerer, the contractor, and William M. Ball, the owner, for the building of a family room and a blacktop driveway on the premises located at 7431 Timberlane Drive, Maderia, Hamilton County, Ohio, for the sum of $3,400.

By the terms of this contract, the owner agreed to pay the contractor as follows:

“1) When the slab is poured, 1/3 of total

“2) When family room is roofed over, 1/3 of total

“3) When family room and nine (9) foot blacktop driveway is completed, 1/3 of total.”

The contract provided further that…