Wortman v. Kleinschmidt
Montana Supreme Court
Appeal from, First Judicial District, Lewis and Clarice County. Action for foreclosure of mechanics’ lien, tried before Hunt, J. Plaintiff had judgment below. I. 'be plaintiff seeks °to recover for extra work done and performed upon the building without showing a compliance with the terms of the contract sued upon.
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Appeal from, First Judicial District, Lewis and Clarice County. Action for foreclosure of mechanics’ lien, tried before Hunt, J. Plaintiff had judgment below. I. 'be plaintiff seeks °to recover for extra work done and performed upon the building without showing a compliance with the terms of the contract sued upon. The contract provides that “the contractor shall make no claim for additional work unless the same shall be done in pursuance of an order from the architects, and notice of all claims shall be made to the architects, in writing, within three days of the beginning of such work.” A…
1Opinion of the CourtBlake, C. J.
The complaint, among other things, alleges that: “And plaintiff avers that, in addition to the sum specified and mentioned in said contract, the said plaintiff, for and at the special instance and request of said defendant, Reinhold H. Kleinschmidt, performed extra work and furnished extra materials, over and above those specified in said contract, the price of which was and is the sum of ... . $763.40, making the total price of the work done and materials furnished by said plaintiff on said buildings the sum of ... . $57,473.40,” The account which was filed by the respondent for the purpose…
2Cases cited18 opinions
- Calder v. BullSupreme Court of the United States · 1798
- Abbott v. GatchCourt of Appeals of Maryland · 1859
- Durkee v. City of JanesvilleWisconsin Supreme Court · 1871
- McIntyre v. TrautnerCalifornia Supreme Court · 1889
- Wilder v. Chicago & West Michigan Railway Co.Michigan Supreme Court · 1888
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