Hiller v. Daman
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Hon. William M. Kinsey, Judge. (1) The times specified in the contract, to-wit, August 1 and August 20, 1908, for the completion of the buildings, were waived by the plaintiff because of the fact that the lots upon which they were to be erected were, when the contract was signed (and without the knowledge of the contractor), encumbered by a lot of material, to remove which required twelve days of time. Eldridge v. Fuhr, 59 Mo.
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Appeal from St. Louis City Circuit Court.—Hon. William M. Kinsey, Judge. (1) The times specified in the contract, to-wit, August 1 and August 20, 1908, for the completion of the buildings, were waived by the plaintiff because of the fact that the lots upon which they were to be erected were, when the contract was signed (and without the knowledge of the contractor), encumbered by a lot of material, to remove which required twelve days of time. Eldridge v. Fuhr, 59 Mo. App. 44. (2) Said times for the completion of said buildings were waived because of the fact that extra work for the…
1Opinion of the CourtNortoni, J.
This is a suit for damages alleged to have accrued through several breaches of a building contract. Plaintiff recovered and defendant prosecutes the appeal.
Plaintiff is the owner of the buildings, and defendant William Daman is the contractor, while defendants John C. Timmerberg and Maggie Daman are sureties on his bond for the faithful performance of the contract.
A jury was waived, and the case tried before the court, which found the issue for plaintiff and gave judgment against all the defendants, from which they jointly prosecute the appeal. The contractor, Mr. Daman, interposed a…
2Cases cited5 opinions
- Ward v. HarenMissouri Court of Appeals · 1909
- Cox v. VolkertSupreme Court of Missouri · 1885
- Ashenbroedel Club v. FinlayMissouri Court of Appeals · 1893
- Burnes Estate v. Fidelity & Deposit Co.Missouri Court of Appeals · 1902
- Call v. MollMissouri Court of Appeals · 1901
3Cited by6 opinions
- Herbert & Brooner Construction Co. v. GoldenMissouri Court of Appeals · 1973
- Roberts v. Security Trust & Savings BankCalifornia Supreme Court · 1925
- Bloomfield Reorganized School District No. R-14, Stoddard County v. StitesSupreme Court of Missouri · 1960
- Walsh v. Methodist Episcopal Church South, of PaducahCourt of Appeals of Texas · 1915
- Wm. P. Jungclaus Co. v. RattiIndiana Court of Appeals · 1918
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