Mascioni v. I. B. Miller, Inc.

The plaintiffs and the defendant entered into a written contract whereby the plaintiffs, described in the contract as the “ Sub-Contractor,” agreed to provide all the materials and all the work for the erection of concrete walls, and the defendant, described in the contract as the “ Contractor,” agreed to pay therefor the sum of fifty-five cents per cubic foot. The concrete walls were to be erected as “ specified in a certain contract between the Contractor and Village Apartments, Inc., described therein as Owner ” and the defendant’s promise to pay contained the proviso: “ Payments to be…