Hennessey v. Fleming Bros.
Supreme Court of Colorado
Appeal from the District Court of the City and County of Denver. Hon. John I. Mullins, Judge. Action by Fleming Brothers against William Hennessey. From a judgment for plaintiffs, defendant appeals.
1Opinion of the CourtJustice Maxwell
Appellees entered into a written contract with appellant to build five two-story dwelling houses.
*28The complaint, setting forth in full the contract and the specifications which were embodied therein, was based upon three causes of action: 1st, a balance due upon the contract; 2nd, a bill of extras furnished over and above the requirements of the contract; 3rd, work and labor done for defendant at his request, upon his residence. The complaint alleged performance upon the part' of plaintiffs of all precedent conditions contained in the contract upon their part to. be. performed. The contract…
2Cases cited3 opinions
- Stuart v. City of CambridgeMassachusetts Supreme Judicial Court · 1878
- Fitzgerald v. WalshWisconsin Supreme Court · 1900
- Wear Bros. v. SchmelzerMissouri Court of Appeals · 1902
3Cited by1 opinion
- Hahl v. Langfur Construction Corp.Colorado Court of Appeals · 1974