Germain v. Union School District
Michigan Supreme Court
Error to Montcalm; Mayne, J., presiding. Assumpsit by George F. Germain against the Union School District of the city of Stanton upon a building contract. A judgment for plaintiff is reviewed by defendant on writ of error.
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Error to Montcalm; Mayne, J., presiding. Assumpsit by George F. Germain against the Union School District of the city of Stanton upon a building contract. A judgment for plaintiff is reviewed by defendant on writ of error. On September 26, 1905, plaintiff entered into a written contract with defendant to erect a large school building for the sum of $15,820. The building, by the terms of the contract, was to have been completed on or before August 1, 1906, provided that, “In case any delay shall arise from * * * any strike in building trade or other cause clearly beyond control of the said…
1Opinion
ON MOTION EOR REHEARING.
Brooke, J.
On an application for rehearing, our attention is called to the fact, that, in the opinion herein, ante, 314 (133 N. W. 534), no mention is made of the claim of defendant to stipulated damages, by reason of the failure of plaintiff to perform his contract within the time limited by the contract.
Section 35 of the contract is as follows:
“It is further agreed by and between the parties hereto, that in case the said building shall not be completed and the said building not finished on or before the first day of August, A. D. 1906, according to the terms and condi*219t…
2Cases cited3 opinions
- Lamson v. City of MarshallMichigan Supreme Court · 1903
- Whiting v. Village of New BaltimoreMichigan Supreme Court · 1901
- Wilson v. GodkinMichigan Supreme Court · 1904