Johns-Manville Sales Corp. v. Stone

Plaintiff appeals from a judgment in favor of defendants, after a nonjury trial, in an action to recover for materials and work, labor and services in the sum of $10,493, representing an unpaid balance.

The work was dene under three written contracts, prepared and submitted by defendants. Concededly, the contracts were properly performed by plaintiff and plaintiff is unpaid to the extent of the balance due. Concededly too, the contracts obligated defendants to pay, and, indeed, several payments had been made by cheeks subscribed by one of defendants.

Nevertheless, defendants succeeded at trial…