Smith v. Eiger

The material question in this case is whether in view of the fact that an architect’s certificate was furnished complainant in accordance with the provisions of the contract, finding $317.96 due him in full of all demands, and that the complainant refused to accept and return the architect’s certificate to the defendants with a claim that the amount due him was “not $317.96 but $492.06,” and a threat of legal proceedings to enforce such claim unless it was promptly satisfied, the defendants were under obligation to make a legal tender of the amount due as stated in the certificate and that…