Aigeltinger Co. v. Healy-Tibbitts Construction Co.

Plaintiff recovered judgment for $936.25, interest and costs. Defendant appeals.

The facts in this case are as follows: The defendant, Healy-Tibbitts Construction Company, a. corporation, entered into a contract with the board of public works of the city and county of San Francisco, whereby it agreed to construct the Twin Peaks reservoir. Thereafter the defendant entered into a written contract with the Atlas Construction Company for the performance of the excavation work upon said Twin Peaks reservoir. In said contract it was provided that payments should be made upon the fifteenth day of each month, covering the value of seventy-five per cent of work performed during the preceding month; the remaining twenty-five per cent to he paid thirty-five days after the final completion and acceptance of all. work included in said contract. Said contract was assigned to Atlas Building and Construction Company, and it commenced the work of excavation some time in March, 1910, and in June following it ceased to do any further work and abandoned said contract. During the months of March, April, and May, 1910, the Atlas Building and Construction Company performed work under the contract. It…