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S. RIGGI & SON CONSTRUCTION CORP. v. FROUGE CONSTRUCTION CO.

No. 14910.

345 F.2d 654 (1965)

S. RIGGI & SON CONSTRUCTION CORP., a Corporation of the State of New Jersey, Appellant, v. FROUGE CONSTRUCTION COMPANY, Inc., a Corporation of the State of Connecticut, Trading as Cape Constructors, a Partnership Organized and Existing Under the Laws of the State of New Jersey.

United States Court of Appeals Third Circuit.

Decided May 11, 1965.

Attorney(s) appearing for the Case

C. W. Berl, Jr., Berl, Potter & Anderson, Wilmington, Del., for appellant.

Howard M. Handelman, Wilmington, Del., for appellee.

Before McLAUGHLIN, STALEY and HASTIE, Circuit Judges.

McLAUGHLIN, Circuit Judge.

In this diversity case appellant subcontractor sued appellee general contractor for breach of contract. Defendant pleaded "that prior to the commencement of this action plaintiffs executed and delivered complete releases discharging and releasing defendants from any and all claims." It was agreed between the parties that the release issue be tried to the court. The release was marked DX1 in evidence. Its first paragraph reads:

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