Norman

This action was brought to recover damages claimed for the violation of a written contract for the construction of two certain buildings. Plaintiff proceeded no further than the completion of the foundation, but the basis of his action is that “said defendant, without any cause or reason, requested and ordered plaintiff to stop said work and not to proceed further with said contract and to suspend work upon said contract; and said defendant did then and there stop said plaintiff from performing said conditions and said work, and refused to allow plaintiff to proceed further with said work.” The appeal is from a judgment of nonsuit.

The “articles of agreement” under which the work was undertaken imposed upon plaintiff the duty to “perform and complete in a workmanlike manner all the work required to conform with the plans and specifications designated,” and it was provided that the services were to be “under the direction and supervision and subject to the approval of” the architect. The contract price was $15,842, to be paid in four installments, the first payment of three thousand nine hundred dollars to be made “when the frames are completed and the roofs are sheathed.” It was…