Audubon Bldg. Co. v. F. M. Andrews & Co.
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Louisiana. Action by F. ,M. Andrews & Co. against the Audubon Building Company, Limited. There was a judgment for plaintiff, and defendant brings error. This is an action at law by F. M. Andrews & Co., architects, to recover $57,156.09 for breach of contract by the Audubon Building Company, Limited.
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In Error to the Circuit Court of the United States for the Eastern District of Louisiana. Action by F. ,M. Andrews & Co. against the Audubon Building Company, Limited. There was a judgment for plaintiff, and defendant brings error. This is an action at law by F. M. Andrews & Co., architects, to recover $57,156.09 for breach of contract by the Audubon Building Company, Limited. On the trial before the court and jury the verdict was for $45,000. subject to a credit of $12,000 paid by the building company before the alleged breach, and the Audubon Building Company sued out this writ of error.…
1Opinion of the CourtPardee, Circuit Judge
(after stating the facts as above). [1] As the contract, which is the basis of the demands made in this suit, provides for separate items and the price is apportioned to each item, it is severable (see 2 Parsons on Contracts, 517), and it may be shortly stated as follows: To furnish the preliminary sketches for 1 per cent, on the cost of the building, and payable on the acceptance thereof; for the working drawings and specifications two per cent, and payable on completion; for supervision of the construction 2 per cent, to be paid pro rata with the architect’s certificates issued during the…
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