Peacock Construction Co. v. West

Bell, Presiding Judge.

The petition affirmatively alleges and admits payment of a portion of the contract price, and seeks to recover the balance allegedly due for completion of West’s performance. We thus construe the petition as, suing for the final payment due under the agreement.

The construction contract for breach of which plaintiff seeks to recover is attached as an exhibit to the petition. It sets out an agreement that plaintiff would perform certain work “in strict accordance with” plans prepared by a firm denominated as “Architect.” Other provisions- of the contract especially…