Nolop v. Spettel

Although there was never a written contract between the parties to this action, it is stipulated that they agreed to be bound by a written contract that had existed between the respondent and one Doctor Hulick, the pertinent portions of which contract follow:

“2. The owner agrees and covenants with the contractor to pay or cause to be paid to the contractor for the work performed, and the materials furnished by the contractor as follows:

“The actual net cost to the contractor of the materials actually furnished and labor and cartage actually performed by him hereunder on and for said building,…