Mowry v. Starbuck
California Supreme Court
Appeal from the Fifth Judicial District. This was an action for labor performed, laying brick for the walls of a building in the City of Stockton. The complaint stated there had been a contract, by which it was specified that the walls were to be twenty inches thick above the foundations, and that the price per thousand for laying, was to be nine dollars for the common bricks, and thirty-five dollars for the pressed bricks.
Read the full summary
Appeal from the Fifth Judicial District. This was an action for labor performed, laying brick for the walls of a building in the City of Stockton. The complaint stated there had been a contract, by which it was specified that the walls were to be twenty inches thick above the foundations, and that the price per thousand for laying, was to be nine dollars for the common bricks, and thirty-five dollars for the pressed bricks. The complaint alleged that the contract had been changed by the defendant, who directed him to build the walls above the foundations sixteen inches thick, and thereby made…
1Opinion of the Court
Mr. Ch. J. Murray
delivered the opinion of the Court.
Mr. J. Heydeneeldt concurred.
The time provided by the statute in which a jury shall be returned by the Sheriff, is directory, and not mandatory.
It rests in the sound discretion of the Courts to allow further evidence to be introduced by either, or both parties, after the testimony has been closed. In this case, the suit having been brought on a quantum meruit for “work and labor,” it was perfectly competent to admit testimony to prove that the original contract plan had been changed, at the request of the defendant, and also the price or…
2Cited by5 opinions
- Faulkner v. FaulknerCalifornia Court of Appeal · 1957
- Huntley v. Territory of OklahomaSupreme Court of Oklahoma · 1898
- City St. Improvement Co. v. KrohCalifornia Supreme Court · 1910
- State v. HarringtonNevada Supreme Court · 1873
- Foote v. RichmondCalifornia Supreme Court · 1871