Magliaro v. Modern Homes, Inc.

The opinion of the court was delivered by

Campbell, Chancellor.

The plaintiff-respondent entered into a parol contract with the defendant-appellant to exea yate, lay sewers and construct an extension of Caldwell road, Lincoln Park, in Maplewood, according to plans and specifications of E. R. Halsey, engineer. The consideration was based upon unit prices for which plaintiff then was performing or had executed a like work on adjoining property of one Sirlyn. Payments were to be made monthly upon the certificate of Halsey, the engineer, to eighty per cent, of the amount of such certificates.

The…