Banducci

By this action plaintiff sought recovery of damages for defendant’s alleged breach of a contract to construct a building in accordance with his agreement so to do.

A general demurrer interposed to the complaint was sustained and, plaintiff declining to amend, judgment was entered for defendant, from which plaintiff appeals.

It appears that defendant, pursuant to a contract, set out in the complaint, erected a building for plaintiff; that by the terms of this contract the building was to be constructed in accordance with plans and specifications referred to therein, and under the supervision of the architect named or superintendent agreed upon by the parties, and payment therefor made, subject to approval of the architect, as the work progressed. The contract contained a provision as follows: “Ninth: The payment of the progress-payments by the Owner shall not be construed as an absolute acceptance of the work done up to the time of such payments; but the entire work is to be subject to inspection and approval of the Architect, Superintendent or Owner at the time when it shall be claimed by the Contractor that the contract and works are completed; but the Architect, Superintendent…