McGonigle v. Klein
Colorado Court of Appeals
Error to the District Court of Pueblo County. Chas. E. Gast entered into a contract with MeGonigle by .which the latter agreed to build for the former a residence .according to plans of architects, as cheaply as it could be well constructed, he to receive as compensation ten per cent upon the cost of the building,. Gast to pay the bills and contracts of McGonigle.
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Error to the District Court of Pueblo County. Chas. E. Gast entered into a contract with MeGonigle by .which the latter agreed to build for the former a residence .according to plans of architects, as cheaply as it could be well constructed, he to receive as compensation ten per cent upon the cost of the building,. Gast to pay the bills and contracts of McGonigle. The contractor McGonigle and defendant in error as a .subcontractor entered into a written contract, the material part of which, for the purposes of the decision, was as follows: “ That the said party' of the first part, for and in…
1Opinion of the CourtReed, P. J.
The court erred in holding that a recovery could be had upon a quantum meruit for a part of the contract work. The contract was in writing, entire. In order to entitle the plaintiff to recover at all, he must have shown either performance, or that the contract had been rescinded, or that the performance was rendered impossible by the wrongful acts and conduct of the defendants. On establishing either of the two latter facts, a quantum meruit recovery could have been had, not otherwise. Neither of these propositions were established by the evidence. Klein having failed to prosecute his work…
2Cases cited7 opinions
- United States v. BehanSupreme Court of the United States · 1884
- Sickels v. PattisonNew York Supreme Court · 1835
- Palm & Robertson v. Ohio & Mississippi RailroadIllinois Supreme Court · 1856
- Vail v. MeyerIndiana Supreme Court · 1880
- Kinney v. ShermanIllinois Supreme Court · 1862
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