Cumberland Bridge Co. v. Lastooka

SWEET, P.J.,

— In this case a partially unpaid subcontractor seeks summary judgment from the contractor requiring the latter to make immediate payment of the whole amount due.

*476It seems that the parties entered into a contract which provided in part as follows: “IN CONSIDERATION WHEREOF, the Contractor agrees to pay to the Sub-contractor for the full and faithful performance by the Sub-contractor of all the terms and conditions hereof, the sum of $134,577.95 said amount to be paid as follows: ninety per cent (90%) of value of work which has been placed in position and for which payment has been…