Detroit Fidelity & Surety Co. v. Rickey

On August 6, 1923, Frey entered into a written contract for the construction of a stucco apartment building, to be completed on or about October 1, 1923, contractors to furnish and “pay for” all labor and materials, keep the real estate on which the building was located “free from all liens for labor and materials,” and were to receive $22,920, one-third when the building was ready for plastering, one-third when plastered, and one-third when the building was completed, “providing satisfactory evidence and affidavits are given that there are not, and cannot be, any liens or claims for any…