Nature of the Case
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Facts
Harris (D) performed subcontract excavation work for K& G Construction (P). D was required to obtain liability insurance to cover any damage caused by the work. The agreement required P to make monthly progress payments on the submission of requisitions on the 25th of each month. D promised to perform in a workmanlike manner and accordance with the best practices. One of D's employees allegedly was negligent in operating a bulldozer which caused the collapse of a wall. The claim was given to D's insurer. D disclaimed all liability. The damage from the accident was estimated at $3,400. P refused to make a progress payment of $1,484.50. D worked for one more month and then stopped because of nonpayment. P sued for damages for D's breach of contract and damages done to the house. D cross-complained for the payments due. P was awarded $3,400, and D recovered $2,824.50. P appealed: P's duty to make progress payments was excused because they were dependent on D's duty to perform in a workmanlike manner.
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