Dayton Fabricated Steel Co. v. Dayton Town & Country, Inc.

This is an appeal on questions of law from a declaratory judgment in favor of the plaintiff. The controversy upon which the action was predicated arose by reason of a difference of opinion of the parties as to the obligation of the defendant under a written contract, particularly under article 8 thereof.

The facts essential to an appreciation of the legal questions presented for determination are not in dispute, and they appear from the pleadings and a stipulation of the parties.

Defendant, as owner, and plaintiff, as contractor, entered into a written agreement whereby the contractor was…