Thos. J. Dyer Co. v. Bishop International. Engineering Co.

303 F.2d 655 (6th Cir. 1962)

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Nature of the Case

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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.