Myer Feinstein Co. v. De Vincent

Opinion by

Baldrige, J.,

In this action upon a contractor’s performance bond, an appeal has been taken by Alfonso De Vincent, defendant-obligor, from the action of the court below in refusing his motions for judgment n.o.v. and a new trial and entering judgment in the sum of $735 upon a finding in favor of Edward Gr. Holloway, Inc., the use plaintiff, for whom the work in question was to have been performed.

The material facts may be thus summarized: On October 11, 1940, the defendant, a bricklaying contractor, entered into a written contract with the use plaintiff in which he agreed to perform…