Ed. A. McCarthy & Sons, Inc. v. Fleming

The plaintiff was engaged in the business of constructing and remodeling buildings. The defendant, John G. Fleming, was the owner of a residence fronting on Auburn Avenue, Cincinnati, Ohio. On or about October 26th, 1956, the plaintiff agreed to transform this residence into an office building, and the defendant agreed to pay therefor the sum of $26,478.00, to which should be added the cost of certain work not included in the original agreement. The record does not show when the contract price was to be paid.

In January, 1957, the defendant Fleming paid $10,000.00 to the plaintiff on account…