Superintendent & Trustees of Public Schools v. Bennett
Supreme Court of New Jersey
. This was an action of assumpsit, brought against Bennett and Carlisle, as guarantors for Evernham and Hill. In the fall of 1856, the plaintiffs made a contract with Evernham and Hill to build and complete a school-house, and find all materials therefor, according to specifications annexed to the contract; the building to be located on a lot owned by the plaintiffs, and designated in the contract.
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. This was an action of assumpsit, brought against Bennett and Carlisle, as guarantors for Evernham and Hill. In the fall of 1856, the plaintiffs made a contract with Evernham and Hill to build and complete a school-house, and find all materials therefor, according to specifications annexed to the contract; the building to be located on a lot owned by the plaintiffs, and designated in the contract. Bennett and Carlisle guarantied the fulfillment of this contract on the part of Evernham and Hill. When the building was partially erected, it was blown down by a gale of wind. The contractors…
1Opinion of the Court
The opinion of the court was delivered by
Whelpley, J.
This case presents the naked question whether, where a builder has agreed, by a contract under seal, with the owner of a lot of laud “ to build, erect, and complete a building upon the lot for a certain entire ¡trice, but payable in arbitrary installments, fixed without regard to the value of the work done, and the house before its completion falls down, solely by reason of a latent defect in the soil, and not on account of faulty construction, the loss falls upon the builder or the owner of the land.”
The case comes before the court, upon a…
2Cases cited5 opinions
- Dermott v. JonesSupreme Court of the United States · 1865
- Beebe v. JohnsonNew York Supreme Court · 1838
- Phillips v. StevensMassachusetts Supreme Judicial Court · 1819
- Gates & Colvin v. GreenNew York Court of Chancery · 1834
- Brumby v. SmithSupreme Court of Alabama · 1841
3Cited by12 opinions
- Hartford Fire Insurance v. Riefolo Construction Co.Supreme Court of New Jersey · 1980
- Edwards v. LeopoldiNew Jersey Superior Court Appellate Division · 1952
- Adams v. Jersey Central Power & Light Co.New Jersey Superior Court Appellate Division · 1955
- M. F. A. Mutual Insurance Co. v. Gulf Insurance Co.Supreme Court of Missouri · 1969
- Newark v. North Jersey Dist. Water Sup. Comm.New Jersey Superior Court Appellate Division · 1968
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