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Mascioni (P) subcontracted with Miller (D) to construct concrete walls. D had a contract with the owner of the property to do the construction work. The contract between P and D stated that as the payments were received by D from the owner, D would pay P. The owner never paid. P sued D to recover his contract amount. The trial court gave the judgment to D. P appealed, and that court reversed the decision. D appealed.

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