Fawley v. Knight

Opinion by

Trexler, P. J.,

Plaintiff declared on a written contract entered into by him and the defendant for the erection of a building, consisting of one-story and basement, in accordance with the plans and specifications prepared by Eugene A. Stopper, the architect, and to be erected under his supervision.

The contract provided for the payment from time to time of 85% of the amount due for the labor and materials furnished upon the certificate of the architect, the balance of 15% ninety days after completion. Plaintiff alleged that the final certificate was given him by the architect showing…