Legal Opinion

Mercantile Trust Co. v. Hensey

Court of Appeals for the D.C. Circuit

Decided March 7, 1906No. 1629PublishedCited by 2 opinions

Hearing on an appeal by tbe defendant from a judgment of tbe Supreme Court of tbe District of Columbia in an action on a bond given to secure tbe performance of a contract.

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Hearing on an appeal by tbe defendant from a judgment of tbe Supreme Court of tbe District of Columbia in an action on a bond given to secure tbe performance of a contract. Tbe Court in the opinion stated tbe facts as follows: One William S. Jones, a builder, on January 24, 1900, entered into a contract with appellee, Hensey, to complete twenty-one partially constructed bouses for tbe stated consideration of $89,250. To insure the performance of tbe contract', Jones gave to Hensey a bond in tbe penal sum of $50,000, with appellant, the Mercantile Trust Company, as surety. It further appears…

1Opinion of the CourtJustice Duell

The appellant' assigns as reversible error the following:

*213“1. In sustaining the demurrer to the defendant’s further rejoinder.
“2. In admitting evidence tending to prove that the buildings were not completed in accordance with the plans and specifications.
“3. In admitting the testimony of the witness Hough that the work had not been done in accordance with the plans and specifications and the cost of remedying the alleged defects.
“4. In admitting the testimony of the plaintiff that the work and material used in the houses was in many respects, in his estimation, below the requirements of the…

2Cases cited4 opinions

  1. Sun Printing and Publishing Assn. v. MooreSupreme Court of the United States · 1902
  2. Glacius v. . BlackNew York Court of Appeals · 1872
  3. Sweeney v. United StatesSupreme Court of the United States · 1884
  4. Crane Elevator Co. v. ClarkCourt of Appeals for the Seventh Circuit · 1897

3Cited by2 opinions

  1. S. J. Groves & Sons Co. v. WarrenCourt of Appeals for the D.C. Circuit · 1943
  2. Baber v. BaessellCourt of Appeals for the D.C. Circuit · 1936

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