MacHinery & Electrical Co. v. Young Men's Christian Ass'n

Plaintiff sued to recover on a contract under which one Hugh T. Duff, its assignor, agreed to furnish and install certain machinery and apparatus to constitute the engine-room equipment of the building of defendant. The contract provided for the payment of the total sum of twenty thousand dollars, which was to be made in various installments, the final payment of five thousand dollars to be paid thirty-six days after the completion of the work. It was alleged that there remained unpaid at the time suit was brought the sum of $1,433.66. The judgment of the court was in accordance with the prayer of plaintiff’s complaint, except that a deduction of the sum of $241.85 was made to cover material furnished by the defendant' to plaintiff, which was used in the prosecution of the work. Defendant in its answer referred to the written contract under which the engine-room equipment was agreed to be furnished and the work performed, and set out as an exhibit attached to its answer the complete text of such contract. It further alleged that plaintiff had failed to complete its contract and specified a number of particulars in which it was alleged there had been failure of completion. It was…