Friedland v. McNeil
Michigan Supreme Court
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
- Clark v. BabcockMichigan Supreme Court · 1871
3Cited by6 opinions
- State Trust & Savings Bank v. Hermosa Land & Cattle Co.New Mexico Supreme Court · 1925
- Stubblefield v. Montgomery Ward & Co.Oregon Supreme Court · 1940
- American Bonding & Trust Co. v. Baltimore & O. S. W. R. Co.Court of Appeals for the Sixth Circuit · 1903
- Yost v. American InsuranceMichigan Supreme Court · 1878
- Johnson v. O'NeillMichigan Supreme Court · 1912
1 more not listed; retrieve them via the Exa API.