T. C. Allen Construction Company v. Stratford Corporation, Stratford Corporation v. Allen Construction Company

SIMONS, District Judge:

Plaintiff-appellant, T. C. Allen Construction Company, (hereinafter referred to as plaintiff) brought suit against defendant-appellee, Stratford Corporation, (hereafter defendant) to recover a retained balance due it under a contract for the construction of a Downtowner Motor Inn in Winston-Salem, North Carolina, together with interest thereon from July 25, 1964, the date of its alleged completion of its contract.

For a proper understanding of the issues the following brief summary of the proceedings in the court below is stated.

In its complaint plaintiff alleged that it…