Corning Bank v. Hager

Plaintiff is the assignee of Nationwide Building Contractors, Inc. (Nationwide). On October 18,1974, defendant and Nationwide entered into a written contract under which Nationwide was to provide the labor and materials incident to the erection of a steel building according to certain specifications. The contract price was $29,140 payable in three installments. The first installment ($7,285) was paid by defendant on execution of the contract.

The building was only partially completed. Plaintiff sued for the balance of the contract price. The answer of defendant alleged, among other things,…