MacK Paving & Construction Co. v. American Pipe & Construction Co.

Opinion by

Mr. Justice Frazer,

Plaintiff contracted for the construction of a sewer for the Bronx Valley Sewer Commission in the State of New York. Following partial completion of the contract, plaintiff employed defendant to finish the work. Disputes arose concerning the amount of claims for work, materials, etc., which resulted in defendant filing a lien, in settlement of which plaintiff assigned to defendant all rights under its contract with the Sewer Commission that defendant might be in a position to deal directly with the commission in all matters concerning payment for the work. The…