Legal Opinion

Broxton v. Nelson

Supreme Court of Georgia

Decided January 21, 1898PublishedCited by 40 opinions

Action on contract. Before Judge Berry. City court of Atlanta. May term, 1897. Broxton sued Nelson, alleging that on April 29, 1895, plaintiff entered into a contract with defendant for the purpose of building four houses, which provided that the contractor (plaintiff) should proceed with the work in a prompt and diligent manner, and should finish it according to the drawings and specifications of the contract, and as directed by the architect, and that the owner should…

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Action on contract. Before Judge Berry. City court of Atlanta. May term, 1897. Broxton sued Nelson, alleging that on April 29, 1895, plaintiff entered into a contract with defendant for the purpose of building four houses, which provided that the contractor (plaintiff) should proceed with the work in a prompt and diligent manner, and should finish it according to the drawings and specifications of the contract, and as directed by the architect, and that the owner should provide all materials in such manner as not to delay the material progress of the work. It was understood and agreed between…

1Opinion of the CourtLittle, J.

The plaintiff entered into a contract with the defendant, whereby the former undertook to construct for the latter “ all the work included in the carpenter-work labor only on houses No. 1, No. 2, No. 3 and No. 4, on Highland and East avenues and Garfield place, Atlanta, Ga., according to plans and specifications for said houses,” made by a named architect; the defendant to “proceed with said work and every part and detail thereof in a prompt and diligent manner, and shall wholly finish the said work according to the drawings and specifications. . . The sum to be paid by the owner [defendant]…

2Cases cited3 opinions

  1. Branch, Sons & Co. v. PalmerSupreme Court of Georgia · 1880
  2. Evans v. CollierSupreme Court of Georgia · 1887
  3. Desvergers v. WillisSupreme Court of Georgia · 1877

3Cited by40 opinions

  1. Horne v. DrachmanSupreme Court of Georgia · 1981
  2. Spalding County v. Chamberlin & Co.Supreme Court of Georgia · 1908
  3. Dolan v. LifseyCourt of Appeals of Georgia · 1917
  4. Central Bank & Trust Corp. v. StateSupreme Court of Georgia · 1912
  5. Orenstein v. KahnSupreme Court of Delaware · 1922

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