Gatti v. New Jersey Fidelity & Plate Glass Insurance

MEMORANDUM

LETTS, J.

The liability of the plaintiff is limited to the price he agreed to pay. When the contractor died, Gatti, the owner, was liable only for such portion of the contract price as represented the work and material already furnished. It seems clear that when the owner has discharged such obligation, by payment under his contract with the contractor, anything fur*154tlier which he may do by paying it again to the creditors of the contractor, or otherwise, becomes his voluntary act. When he has fully paid the contractor for the work done and the material furnished and has voluntarily…