United States Gypsum Co. v. Zacks

On July 31, 1922, plaintiff entered into a written contract with defendants Zacks and Lerner (hereafter called the defendants) wherein it agreed to furnish the material for and erect the interior tile partitions in a building then being constructed in Hamtramck, according to the plans and specifications which had been prepared therefor. The defendants, who were subcontractors under the defendant Ross, the general contractor, agreed to pay plaintiff for such material and work the sum of $910, payable as follows:

“On or before the tenth (10) day of each calendar month eighty-five (85%) per cent,…