Huber v. St. Joseph's Hospital
Idaho Supreme Court
APPEAL from the District Court of Nez Perce County. Honorable Edgar C. Steele, Judge. Action to foreclose a mechanic’s lien. Judgment for plaintiffs. Plaintiffs appealed. The facts are stated in the opinion. The rule that parol evidence cannot be received to contradict, add to or modify or explain a written contract is not applicable where a modification or change is alleged subsequent to the execution of the writing. This has been laid down clearly and universally.
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APPEAL from the District Court of Nez Perce County. Honorable Edgar C. Steele, Judge. Action to foreclose a mechanic’s lien. Judgment for plaintiffs. Plaintiffs appealed. The facts are stated in the opinion. The rule that parol evidence cannot be received to contradict, add to or modify or explain a written contract is not applicable where a modification or change is alleged subsequent to the execution of the writing. This has been laid down clearly and universally. (1 Greenleaf on Evidence, Redfield’s ed., 352; McCauley v. Keller, 130 Pa. St. 53, 17 Am. St. Rep. 758, 18 Atl. 607; Bannon v.…
1Opinion of the Court
Building Contracts — Evidence — Architect Agent OF Owner — Extension of Time — Application for in Writing — Waiver — Final Certificate — Arbitration.
1. In a building contract where it is stipulated that no allowance for delay in the completion of the building shall be made unless a claim therefor is presented in writing within twenty-four hours after the occurrence of such delay, where all delays are occasioned by the architect, who is the agent of the owner, and he leads the contractors to believe that the required extension of time will be given without an application in writing therefor,…
2Cases cited53 opinions
- Emerson v. SlaterSupreme Court of the United States · 1860
- United States v. PeckSupreme Court of the United States · 1880
- Holmes v. RichetCalifornia Supreme Court · 1880
- Conant v. National State BankIndiana Supreme Court · 1889
- Estate of Moore v. MooreCalifornia Supreme Court · 1887
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3Cited by5 opinions
- Duval County v. Charleston Engineering & Contracting Co.Supreme Court of Florida · 1931
- Douville v. Pacific Coast Casualty Co.Idaho Supreme Court · 1914
- General Motors Acceptance Corp. v. TalbottIdaho Supreme Court · 1923
- Rutherford v. KahlerSupreme Court of Arkansas · 1927
- Graham v. Alliance Hail Ass'nNorth Dakota Supreme Court · 1921