McPherson v. Hattich
Arizona Supreme Court
APPEAL from a judgment of the District Court of the-First Judicial District in and for the County of Pima. John H. Campbell, Judge. The facts are stated in the opinion. No evidence or proof on non-payment is necessary, even when the action is upon a simple contract and where the first and only breach is the non-payment of the amount due. 22 Am. & Eng. Ency. of Law, and cases cited.
Read the full summary
APPEAL from a judgment of the District Court of the-First Judicial District in and for the County of Pima. John H. Campbell, Judge. The facts are stated in the opinion. No evidence or proof on non-payment is necessary, even when the action is upon a simple contract and where the first and only breach is the non-payment of the amount due. 22 Am. & Eng. Ency. of Law, and cases cited. Proof of the nonpayment of the claim is not required even in California and New York (which inconsistently insist upon the allegation of non-payment, even when the facts are alleged which show a prima facie…
1Opinion of the CourtSloan, J.
This suit was brought by appellant, John McPherson, against appellee, B. Hattich, in the District court of Pima County, to recover upon a contract between appellant and appellee, wherein the former agreed to draw plans and specifications as an architect for a certain building to be erected upon a lot in the city of Tucson owned by appellee, and to superintend the construction thereof for a stipulated per cent of the cost thereof, and wherein the appellee agreed to pay for such services at the rate of the percentage aforesaid; and also to foreclose a lien filed by the appellant upon said…
2Cases cited4 opinions
- Burkett v. GriffithCalifornia Supreme Court · 1891
- Macdonell v. I. & G. N. R'y Co.Texas Supreme Court · 1884
- Pomeroy v. FullertonSupreme Court of Missouri · 1893
- Brooks v. PaddockSupreme Court of Colorado · 1881
3Cited by14 opinions
- Tube City Mining & Milling Co. v. OttersonArizona Supreme Court · 1914
- Van Dyke v. Superior CourtArizona Supreme Court · 1922
- Connor Livestock Co. v. FisherArizona Supreme Court · 1927
- Beltran v. RollArizona Supreme Court · 1932
- Fischer v. HammonsArizona Supreme Court · 1927
9 more not listed; retrieve them via the Exa API.