Lefkowitz v. Hummel Furniture Co.

Opinion by

Mb. Justice Arnold,

In this action of assumpsit defendant appeals from judgment entered for plaintiff upon the pleadings.

By written contract executed on March 2, 1953, 1 plaintiff undertook to prepare for defendant plans and specifications for construction of a building, with 40,-000 square feet of floor space, on premises owned by defendant. He was to receive $10,000, — the sum of $2,-500 upon the execution of the contract, $5,000 upon defendant’s receipt of the plans, and the balance in five payments beginning with the date of construction. As to the five payments, it was provided…