THOS. J. DYER CO. V. BISHOP INTERNATIONAL. ENGINEERING CO.
303 F.2d 655 (6th Cir. 1962)
NATURE OF THE CASE: This action resulted from a breach of contract.
FACTS: Dyer (P) subcontracted to do plumbing for Bishop (D). D was to pay P within five
days after D received payments from the owner of the property. D received only partial
payment from the owner. D then paid P a portion of the monies due P. D refused to pay the
balance to P and P sued for damages. D claimed that the contract provision was a condition
precedent. P won and D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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