Rukeyser v. Rouss

Action on stipulated facts to foreclose a mechanic’s lien. It appears that Fountain & Choate, a corporation, was the general contractor under a contract dated the 28th day of March, 1916, for certain construction work on the premises Nos. 104-110 *419Greene street, in the borough of Manhattan. On April 6, 1916, the general contractor made a subcontract with the defendant Tostevin, by which, for the sum of $27,000, the latter was to do certain cement and concrete work on the building, and said contract provided among other things, as follows: “Article IX: That the sum to be paid to the…