Marchand v. Perrin
North Dakota Supreme Court
Appeal from District Court, Bottineau county; Templeton, J. Action by W. L. Marchand against F. X. A. Perrin. Judgment for defendant, and plaintiff appeals. Where one executes work according to contract, and the request of the other contracting party, it is sufficient. 30 Am. & Eng. Ency. Law 1236. Substantial performance sufficient. 301 Am. & Eng.
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Appeal from District Court, Bottineau county; Templeton, J. Action by W. L. Marchand against F. X. A. Perrin. Judgment for defendant, and plaintiff appeals. Where one executes work according to contract, and the request of the other contracting party, it is sufficient. 30 Am. & Eng. Ency. Law 1236. Substantial performance sufficient. 301 Am. & Eng. Ency. 1221; Hahn v. Bonacum, 107 N. W. 1001; Leeds v. Little, 42 Minn. 414, 44 N. W. 309, 80 N. Y. 312; 81 N. Y. 211; Crouch et al. v. Gutmann, 31 N. E. 271; 30 Am. St. Rep. 608. Where extra work is necessary by owner’s mistake, contractors can…
1Opinion of the CourtFisk, J.
This is an action primarily for the foreclosure of a mechanic’s lien, and appellant desires a review of the entire case in this court.
The complaint is in the usual form, alleging, among other things, that on April 13, 1906,’ the parties entered into a written contract, by the terms of which plaintiff agreed to construct for defendant at Willow City, a certain concrete building for the consideration of $4,550. It is also alleged that, pursuant thereto, plaintiff constructed such building, and in the construction thereof he furnished^ at defendant’s special instance and request, certain extras…
2Cases cited3 opinions
- Katz v. BedfordCalifornia Supreme Court · 1888
- Anderson v. ToddNorth Dakota Supreme Court · 1898
- Gier v. DaiberMichigan Supreme Court · 1907
3Cited by6 opinions
- Mitchell v. PreusseNorth Dakota Supreme Court · 1984
- Robertson Companies, Inc. v. KennerNorth Dakota Supreme Court · 1981
- Karlinski v. P. R. & H. Lumber & Construction Co.North Dakota Supreme Court · 1938
- Horton v. EmersonNorth Dakota Supreme Court · 1915
- Fargo Glass & Paint Co. v. SmithNorth Dakota Supreme Court · 1936
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