Arkin Construction Co., Inc. v. Reynolds Metals Company

GRIFFIN B. BELL, Circuit Judge.

Appellee, a subcontractor, sued appellant, the general contractor, for the balance due under the contract between the parties. Summary judgment was entered in favor of appellee.

The undisputed facts were that appellant agreed in writing to' pay appellee the sum of $320,000 for certain specified work to be done. Both progress and final payments were to be made upon approval and acceptance of the work by the architect.

The payments were to be made in the manner set forth in another agreement entered into on the same date between the parties here and the owner. This…