Riley v. McCauley

1. In a suit upon a builder’s contract, instituted by the contractor to recover of the owner the alleged balance due under the contract after the completion of the building, where the defendant pleads a failure upon the part of the plaintiff to complete the building in accordance with the terms and specifications of the contract, by alleging that under its terms the plaintiff was under obligation to so construct the basement of the building as to render it waterproof, and that the plaintiff had failed to comply with this provision of the contract, to the damage of the defendant, the pleadings…