Peters v. Mackay

*173The opinion of the court was delivered by

Reavis, J.

Defendant Mackay entered into a building contract with Heilbron, now represented by the appellants as executors, for the sum of $1,545. Mackay agreed to furnish all labor and material necessary for the construction of a house and to complete the same on or before December 22, 1893. The work was to be performed and finished under the direction and to the satisfaction of architects, acting as agents of Heilbron, and the contract contained, among others, the following stipulation with reference to the payment of the contractor, Mackay, viz.,…