Wilson v. Borden

The opinion of the court was delivered by

Van Syckel, J.

This is a suit on a building contract, by contractor against owner, to recover for work done under the contract, dated April 23d, 3901.

The plaintiff alleged that the owner unlawfully rescinded the contract, and he was permitted by the trial court to recover the cost of the work he had done and materials furnished. ■

*628The first question in the case is whether the owner was justified in putting an end to the contract.

Section 13 of the contract provides: “That if the architect shall certify that the refusal, neglect or failure of the…