Jenks v. Robertson

The action was brought by the plaintiff as assignee of one John Passmore of a contract under seal, made between him and one Robertson the defendant’s intestate, on the 25th of October, 1867, for the construction of a portion of the Southern Central Railroad. By the contract the defendant’s intestate had a right to retain from the monthly payments ten per cent of the whole amount of work done and materials delivered, the amount so deducted to be paid to Pass-more on the full and entire performance, by him,- of the contract on his part, and by a failure to perform the covenants of the contract,…