Lamson Co. v. Elliott-Taylor-Woolfenden Co.

(after stating the facts as above). The question before us on this appeal is whether this claim should have been allowed against the receivership estate. It-is to be assumed that the owner did reclaim the system before making, and in "order to make, the new contract with Netzorg, although, in fact, Netzorg had become lessee of the building and the owner did not remove the system therefrom. It is plain that by the letter of the contract, a claim had accrued to the owner for at least as much as the one filed. The claim can be defeated only by construing the contract as not giving the right to…