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Contracts Keyed to George
Main Electric, Ltd. v. Printz Services Corp.
Facts
Printz Services Corporation (Printz) (defendant), a general contractual worker on a casino construction project, subcontracted a part of the work to C.J. Masonry and Main Electric, Ltd. (plaintiffs). Under the terms of the agreement signed by the parties, plaintiffs were to be paid by Printz stated “like payment shall have been made by Owner” to Printz. From that point, the proprietor ended up becoming insolvent, lost the casino property in dispossession, and failed to pay Printz for the work performed on the project. Printz declined to pay plaintiffs. Plaintiffs documented suit against Printz for breach of the agreement. Printz contended that it was just required to pay plaintiffs if it was first paid by the proprietor. The trial court differs and held for plaintiffs. Printz appealed. The court of appeals reversed and held that the agreement provision requiring payment from the proprietor to Printz was an unfulfilled condition precedent to Printz’s obligation to pay plaintiffs. Plaintiffs appealed.
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