Hunter v. Smith

The plaintiff and the defendant Michael Smith entered into a written contract whereby the latter agreed to erect for the former a dwelling in accordance with certain plans and specifications referred to and made a part of the contract.

This action is brought to recover damages alleged to have been sustained by the plaintiff by reason of the defendant’s improper and inadequate performance of the terms of the contract in a number of particulars.

The specifications provide that the foundation is “to be ot waterproofed concrete mix 1:2:4, well spaded and tamped. Floor to be keyed into walls”; also…