Judgment reversed on the law and the facts, with costs to plaintiffs-appellants, and matter remitted to the Official Referee to proceed in accordance with this determination.
The contract between the parties was legal. The fact that in its performance an excessive demand was made does not make the contract illegal. Plaintiffs are entitled to recover the balance due for materials furnished and labor supplied at the prevailing rate on October 3, 1942, but not the amount...
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