Federal Concrete Co. v. Mineo

We think the evidence fairly shows that there was an agreement between the owner and the contractor made in April, 1922, to do certain construction work for $11,452.30, in accordance with plans and specifications then understood and subsequently written out; that there thereafter came a time when the work was taken over by the owner as agent for the contractor; that at that time there was a balance of $6,434.72 of the contract price to which the contractor would have been entitled if he had finished the work according to the plans and specifications.

We are not willing to accept the figures of…