Kolton v. Nassar

The parties entered into a contract for construction of a building by plaintiff for defendants Nassar for a specified sum. On October 15,1954, he brought this suit for damages for breach of contract and sums claimed due thereunder. In response to a subsequent verbal request of defendants’ attorneys, plaintiff, on November 2, 1954, furnished defendants with the sworn statement required of contractors under the lien law (CL 1948, § 570.4 [Stat Ann 1953 Rev § 26.284]), and on or about June 15, 1955, at defendants’ request, he furnished them with an additional, more complete, sworn statement. In…