Porter v. Wilder & Son
Supreme Court of Georgia
Contracts. New trial. Evidence. Mechanic’s lien. Charge of Court. Before Judge Grice. Bibb Superior Court. April Term, 1878. Wilder & Son brought two suits against Porter, as the installments matured, for balance due for the erection of a livery stable, and also for the enforcement of their mechanic’s lien as against the stable and the land upon which it was built. The actions were consolidated and tried together.
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Contracts. New trial. Evidence. Mechanic’s lien. Charge of Court. Before Judge Grice. Bibb Superior Court. April Term, 1878. Wilder & Son brought two suits against Porter, as the installments matured, for balance due for the erection of a livery stable, and also for the enforcement of their mechanic’s lien as against the stable and the land upon which it was built. The actions were consolidated and tried together. The defenses filed, and the material facts developed by the proof, are sufficiently reported in the opinion. The jury found for the plaintiffs $600.00, with interest from April 14,…
1Opinion of the Court
Bleckley, Justice,
1. In a suit by a firm of contractors and mechanics against their employer, to recover the balance of the stipulated price of erecting a livery stable entire, including the furnishing of materials (together with charges for some extra work), the defense was, that the plaintiffs committed •a breach of the contract on their part, in that the work was not only left incomplete, but, as far as done, was not executed in a workmanlike manner, and that the lumber used was inferior and not suitable for the purpose; the results of which breach were alleged to be, that the pillars…
2Cited by11 opinions
- State Highway Department v. W. L. Cobb Construction Co.Court of Appeals of Georgia · 1965
- Kendrick v. WhiteCourt of Appeals of Georgia · 1947
- North v. Waffle House, Inc.Court of Appeals of Georgia · 1985
- Northern Pac. Ry. Co. v. GossCourt of Appeals for the Eighth Circuit · 1913
- Amos v. McDonaldCourt of Appeals of Georgia · 1971
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