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Contracts Keyed to Calamari
Thos J. Dyer Co. v. Bishop International Engineering Co.
Facts
The Appellee, Thos J. Dyer Company (the "Appellee"), was a subcontractor on a project in which the Apellant, Bishop International Engineering Company (the "Appellant"), was the general contractor. The Appellee was a plumbing company. The Appellee and the Appellant entered into a written contract on or about April 27, 1959, whereby the Appellee agreed to provide certain materials and install certain plumbing and utilities in the Appellant's construction project. The Appellee was to be paid $115,000. According to paragraph 3 of the contract, the payments to the Appellee were not to be "due until five (5) days after Owner shall have paid the Contractor therefore". The Appellee completed all of the work and provided all the material it was obligated to do under the subcontract. The Appellee also did other work for the Appellant, not contemplated in the April 27, 1959 agreement. The Appellee had only received ½ of the amount of money due to it by the Appellant, when the owner of the construction project declared bankruptcy. The Appellant refused to pay the Appellee the rest of the money owed to it, because the owner of the project did not pay it all the money owed. The Appellee sued to recover the balance and the district court granted summary judgment for the Appellee.
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