Fleschner Bros. v. Consolidated Edison Co.

Defendant appeals from an adjudication that plaintiff is entitled to interest on an account payable. The question, in the rather unusual circumstances of this case, is whether there was some default on defendant’s part in making payment and whether plaintiff is entitled to make any claim for interest on account of delayed payment.

Plaintiff is engaged in the business of demolishing buildings and contracted with defendant’s predecessor (hereinafter identified as defendant) to do certain work for the agreed sum of $72,794. The work was' completed and billed by June 7, 1945. Prior to that time,…