Brownell Improvement Co. v. Critchfield

It is contended by counsel for appellant that the work done by appellant was accepted by the appellees, and there-: fore no subsequent claim for defects in it can be successfully asserted by appellees.- To this contention we do not assent. There was no absolute and unconditional acceptance of the work by appellees. On the contrary, when the conditional, or, as it is called by the parties, “ temporary ” settlement was made the wording of the settlement very carefully guarded against any such absolute acceptance as wTould preclude a subsequent claim for defects. By the terms of that agreement…