Salina Construction & Supply Co. v. Richards Construction Co.

This action was brought by plaintiff to discharge a public improvement lien and for an accounting between the parties. The facts of the case and the claims of the litigants at the trial are not of much importance on this motion. Suffice it to say, that the plaintiff was a prime contractor under a written contract with the State of New York, engaged in certain construction work in connection with highway improvements; that defendant was a subcontractor of plaintiff under an oral contract to furnish work, labor, services and materials necessary for the construction of certain drainage…