Feick v. Stephens
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Western Division of the Northern District of Ohio; John M. Killits, Judge. In the matter of the bankruptcy of the Sandusky Auto Parts & Motor Truck Company. The claim of George Feick to a mechanic’s lien, allowed by the referee, was reversed on petition to review by Edward S. Stephens, trustee in bankruptcy, and the Union Savings. Bank & Trust Company of Cincinnati, and claimant appeals.
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Appeal from the District Court of the United States for the Western Division of the Northern District of Ohio; John M. Killits, Judge. In the matter of the bankruptcy of the Sandusky Auto Parts & Motor Truck Company. The claim of George Feick to a mechanic’s lien, allowed by the referee, was reversed on petition to review by Edward S. Stephens, trustee in bankruptcy, and the Union Savings. Bank & Trust Company of Cincinnati, and claimant appeals. In July, 1912, after appellant, George Feick, had submitted estimates, the Sandusky Auto' Parts & Motor Truck Company entered into a verbal contract…
1Opinion of the CourtMack, Circuit Judge
(after stating the facts as above). [1-4] 1. Appellee’s- contention that Feick had a right to abandon further performance under the contract because of the failure to pay in accordance with its provisions and to sue for damages or in quantum meruit for the value of the work done, or after March, even upon the contract as substantially performed, subject only to recoupment for the value *188of the September work, may be conceded. But he was not bound so to do. He was not compelled to take chances that what he had done would be held to be a substantial performance of the contract. He had a right to…
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