Woodruff Co. v. Exchange Realty Co.

The plaintiff and the defendant in this action entered into the following written contract:

The foregoing contract was dated and made the eighth day of December, 1906; and the plaintiff’s complaint alleges that, immediately thereafter it commenced the work called for in the contract and performed all of the conditions thereof on its part to be performed up to and including the eleventh day of April, 1907, when the plaintiff ceased work because of the defendant’s failure and refusal to pay the money then due to plaintiff for labor and commissions, or to advance the money necessary to carry on and complete the work in accordance with the terms of the contract.

It was further alleged that up to the time plaintiff ceased work it had supplied labor and materials to the extent of $3,322.91, and had earned commissions amounting to $533.55, making in all the sum of $3,856.46, of which, after deducting certain cash payments and other credits, there was due and unpaid from the defendant the sum of $742.31.

Proceeding upon the theory that the defendant breached its contract by failing to furnish the money to carry on and complete the work, the plaintiff alleged that it was damaged thereby…