Henderson v. Cochran

Mobley, Justice.

Under the allegations of the petition, the plaintiff seeks relief against the defendants by virtue of the express contract sued upon, and if under the terms of that contract he is not entitled to a judgment against the defendants, then he is not entitled to any of the other relief for which he prays. As to payment under the contract, it is provided therein as follows: “Article IV. The owner shall make payments on account of the contract as. provided herein, as follows: (1) On completion of phase one (1) the sum of $1,700 based on the contract price of labor and materials…