WEBB & SONS, INC. v. HAMILTON


30 A.D.2d 597 (1968)

Webb & Sons, Inc., Respondent, v. Roland Hamilton et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 20, 1968


Per Curiam.

Appellants on August 27, 1965 signed an agreement to pay to respondent "within the next sixty days the sum of five thousand ($5,000) * * * from the jobs now under construction." (Emphasis added.) Respondent's position is that appellants have been paid sums in excess of $5,000 from jobs "under construction" but that it has been paid no part of its obligation. In support thereof, it introduced an affidavit of one Erwin Lamb to the effect that...

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