Wolf v. Mendelsohn

The only question is whether, upon all the facts, construing the evidence most favorably to plaintiff, the recovery should be reduced, and, if so, how much. The contract between the owner, Mendelsohn, and the principal contractor, Jansen, called for a gross payment of $1,475, payable in installments; the final payment when the work was finished being $650. Of the work contracted for, a part, of the value of $250, was done by a contractor other than Jansen, leaving the whole amount to be paid to the latter $1,225. The owner did not insist upon the condition as to payments, but paid Jansen from…