Frank Graves Sash, Door & Mill Co. v. Orange County Bond & Mortgage Corp.

In accordance with the terms and provisions of a contract in writing between the parties hereto, the plaintiff in this action furnished materials for the construction of certain apartment houses. In an action for the agreed price of the materials plaintiff was denied judgment upon the ground that forty-eight closet beds were thereafter removed from the premises by third parties.

The facts material to this appeal are undisputed. Certain contractors known as Yale Brothers entered into an agreement with Paul R. Maehtolff and Masie G. Maehtolff to “well and truly erect and construct” two three-story apartment houses, and to “find and provide such good, proper and sufficient materials of all kinds whatsoever as shall be proper and sufficient for completing and finishing” the same. The respondent by separate and independent indentures in writing agreed with appellant in consideration of the latter furnishing to the owners and to the contractors materials for said structures that “conditioned upon the completion of the building on or before six months from date”; it would “irrevocably guarantee payment of material purchased from you for said purpose”. All of the materials were delivered…