Felt v. Steigler

The opinion of the court was delivered by

Pitney, J.

This action was brought by a building contractor to recover a balance claimed to be due upon a written contract and also' certain moneys claimed for extra work. Plaintiff had a verdict and judgment below.

The defendant contended, among other things, that the suit was prematurely brought, and that the plaintiff was not entitled to recover the full amount claimed. The contract provided that the consideration for the construction of the building in question should be $3,000, payable $1,500 at the completion of the work, and the balance of $1,500…