DeNuccio v. Caponigro

The plaintiffs seek to' recover two separate sums alleged to be due on two different contracts. The first is the balance alleged to be due under a written agreement, whereby the plaintiffs were to furnish stock, material and labor in the erection of a garage for the defendants. One clause in that written agreement was that the final payment here sought to be recovered should not be due until “all bills for labor and material have been paid in full.” The report of the trial judge shows that at “the first hearing, it appeared in evidence, that at the time of the request for the final payment…