Consolidated School District No. 15 v. Green

HURST J.

Pursuant to a written contract, the plaintiff, Green, constructed a school building for the defendant, school district. The contract price was $34,634 and was to be paid out of the proceeds of a bond issue of $36,000 voted by tlie district. The record discloses that, the plaintiff was paid $34,433.13 and he filed this suit to recover what he claimed was the balance due pursuant to the contract with certain additions in the sum of $2,469.60. Judgment was rendered on September 19, 1933, and the recitals in part are as follows:

“That, plaintiff can only obtain judgment for the difference…