Botsford v. Lull

Citations

• 30 Pa. Super. 292
• 1906 Pa. Super. LEXIS 62

Syllabus

<p>Assignment — Equitable assignment — Contract—Performance.</p> <p>Where a contractor directs in writing the owner to pay to a bank a sum named, and charge it to the contractor’s account on the contract, the writing is, for the purpose of this case, assumed to be an equitable assignment, but not decided that it is such; and if a suit is subsequently brought on the paper in the name of the contractor to the use of the bank, no recovery can be had by the plaintiff unless it is shown that the contractor fully complied with the contract.</p>