Carey v. Bourque-Lanigan Post No. 5

The plaintiff is a building contractor. The two principal defendants are for the purposes of this case one entity as their rights and obligations are identical. The parties entered into a single, entire, written contract for the erection of an American Legion building at an agreed price of $129,978. Final payment was conditioned on issuance of a certificate of completion and acceptance by the architect named in the contract. The work was to be substantiálly completed on or before June 30, 1949 “if possible.” Several months after that, defendants discharged the contractor alleging unexcused…