Home Furniture, Inc. v. Brunzell Construction Co.

OPINION

By the Court,

Mowbray, J.:

Home Furniture, Inc. appeals from a $10,000 judgment awarded Brunzell Construction Company, Inc. for the remaining balance due on the construction of the Home Furniture building in Reno.

On November 17, 1959, the parties entered into a written contract in the total sum of $845,623.79 for the construction of a 6-story furniture building. The contract provided for progress payments with the provision that 10 percent of the contract price could be withheld until 35 days after filing of the notice of completion, which was filed by appellant on March 17, 1961.…