International Harvester of America, Inc. v. Whelan

This action is brought to foreclose liens upon the amount due a contractor from the State for the construction of a public improvement. The defendant Whelan, in August, 1931, contracted with the State (Contract Nos. RC2193 and CH8400) to construct a highway and to reconstruct other highways. In October, 1932, he defaulted, his contract was canceled and a contract to complete the work let to Harp & Conway Construction Co. Under the contract with Whelan he was to receive $202,313.63, The State paid $57,706.76 to the new contractors. Prior to the commencement of this action, Whelan had received…