Newton v. Consolidated Construction Co.
Michigan Supreme Court
Error to Wayne; Hosmer, J. Assumpsit by Géorge Newton and another against the Consolidated Construction Company and Illinois Surety Company upon a surety bond securing the performance of a construction contract. Judgment for plaintiffs. Defendant Illinois Surety Company brings error.
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Error to Wayne; Hosmer, J. Assumpsit by Géorge Newton and another against the Consolidated Construction Company and Illinois Surety Company upon a surety bond securing the performance of a construction contract. Judgment for plaintiffs. Defendant Illinois Surety Company brings error. The testimony tended to prove, among other things, that by written contract dated October 28, 1912, it was agreed that defendant Consolidated Construction Company, a Michigan corporation, should, between that date and the 31st of January, 1913, erect and complete for the plaintiffs a two-story frame building on…
1Opinion of the CourtOstrander, J.
(after stating the facts). 1. Performance of the building contract would have given to the plaintiffs the structure called for, and would have cost them the contract price. Owing to the default of the contractor, there is no building, plaintiffs have paid no money, and it appears to be conceded that there are no attaching liabilities by way of liens or otherwise. It would seem reasonable that plaintiffs should have the advantage of their bargain, whether they ever get the house or not.
“The measure of damages for the failure of a contractor to construct a building is the reasonable cost of…
2Cases cited7 opinions
- Sheahan v. BarryMichigan Supreme Court · 1873
- People v. QuimbyMichigan Supreme Court · 1903
- King v. Nichols & Shepard Co.Supreme Court of Minnesota · 1893
- People v. SmithMichigan Supreme Court · 1913
- Bertram v. BergquistAppellate Court of Illinois · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- People v. CarterMichigan Supreme Court · 1972
- Dover Lumber Co. v. CaseIdaho Supreme Court · 1918
- People v. HunterMichigan Supreme Court · 1963
- City of Charles City v. RasmussenSupreme Court of Iowa · 1929
- Reetz v. RiggMichigan Supreme Court · 1962
9 more not listed; retrieve them via the Exa API.