The plaintiff and appellant entered into a contract whereby plaintiff was to furnish and install certain materials forming a part of a structure being built by appellant for the defendant, City of Oneonta. The contract provided that upon completion of plaintiff's work it was to be paid 90% of the value thereof and appellant was to withhold 10% of the value until the project was accepted by the city. It is undisputed that pursuant to the contract the sum of $128,507.14 became...
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