New Era Homes Corp. v. Forster

Plaintiff entered into a written agreement with defendants, to make extensive alterations to defendants’ home, the reference therein to price and payment being as follows:

‘ ‘ All above material, and labor to erect and install same to be supplied for $3,075.00 to be paid as follows:

$ 150.00 on signing of contract,

$1,000.00 upon delivery of materials and starting of work,

$1,500.00 on completion of rough carpentry and rough plumbing,

$ 425.00 upon job being completed.”

The work was commenced and partly finished, and the first two stipulated payments were made. Then, when the ‘1 rough work ’ ’ was…