Peck-Hammond Co. v. Williams
Citations
- 77 Miss. 824
Syllabus
<p>1. Assignments. Contracts.</p> <p>A valid assignment by a builder of all moneys due and to become due to him under a contract with a municipality for the erection of school building is in no way affected by his subsequent conduct in incurring debts for materials and labor.</p> <p>2. Same. Municipalities.</p> <p>A provision in a contract for the erection of a municipal school building that the contractor shall “provide, pay for and furnish all material,” etc., is for the benefit of the city alone, and does not entitle a material man to priority of payment over the builder’s assignee in case of the builder's insolvency and the insufficiency of the balance due under the contract for the payment of both claims.</p>
Judges: Whitfield
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