Legal Opinion

Friedland v. McNeil

Michigan Supreme Court

Decided November 2, 1875PublishedCited by 6 opinions

Error to Superior Court of Detroit. This was an action brought by McNeil against the rector and trustees of St. Joseph’s Church of Detroit upon a written contract for doing all the mason work, and furnishing the materials therefor, upon a church building, to recover a balance of the contract price, and for extra work. McNeil recovered judgment and the defendants brought error.

1Opinion of the Court

Cooley, J:

It is not very clear from this record that the court erred in admitting evidence of the value of McNeil’s services as superintendent. Undoubtedly it was the duty of the parties who employed him to furnish and pay the superintendent. This is not only the custom in such cases, but the nature of the duties to be performed by a superintendent are such that it would be highly improper that he should be appointed or controlled by the contractor. He is to oversee the work of the contractor, and to exercise a quasi judicial authority in determining upon its suitableness and sufficiency…

2Cases cited1 opinion

  1. Clark v. BabcockMichigan Supreme Court · 1871

3Cited by6 opinions

  1. State Trust & Savings Bank v. Hermosa Land & Cattle Co.New Mexico Supreme Court · 1925
  2. Stubblefield v. Montgomery Ward & Co.Oregon Supreme Court · 1940
  3. American Bonding & Trust Co. v. Baltimore & O. S. W. R. Co.Court of Appeals for the Sixth Circuit · 1903
  4. Yost v. American InsuranceMichigan Supreme Court · 1878
  5. Johnson v. O'NeillMichigan Supreme Court · 1912

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API