Waldo Bros. v. Platt Contracting Co.

The plaintiff brought this action of contract upon a declaration which alleges, in substance, that the parties entered into a contract whereby thé defendant agreed to pay to the plaintiff a sum equal to eighty-five per cent of all materials and labor furnished by one of the defendant’s subcontractors, one Wilgoren, “up to and including the tenth day of July, 1937, less certain payments previously made by the defendant to the plaintiff; that said payment was to be made on the eighteenth day of July, 1937,” but that the defendant had failed to pay as agreed. The answer contains a general…