Savage v. Glenn

By the Court,

Waldo, J.:

This is an action for damages for a breach of a written contract made on the 3d day of April, 188^ in which the appellant agreed to build at The Dalles a brick building for *441respondent for tlie sum of $6,000, to be paid in installments at stages specified in the progress of the work. The appellant began and was carrying on the work and had got the first two installments, of $2,300, when, on the 3d of July, 1880, during the high water, the foundation gave way and the work fell to the ground. The appellant charged respondent with the responsibility for the fall of the…