Legal Opinion

White v. Mitchell

Indiana Court of Appeals

Decided January 15, 1903No. 4,238PublishedCited by 11 opinions

From Yigo Circuit Court; Tfi. A. McNutt, Special Judge. Action by William H. White against Charles W. Mitchell and others on a building contract. From a judgment for defendants, plaintiff appeals.

1Opinion of the CourtRoby, C. J.

Separate demurrers by appellees were sustained to appellant’s amended complaint, and lie appeals from a judgment rendered against him upon his refusal to plead further.

The correctness of the result depends upon the construction given to article five of the written contract alleged to" have been executed by the parties, and of a certificate given by the architect therein referred to, under which the appellant claims to have terminated the employment of the contractor (appellee Mitchell), and to have finished the work himself, bringing this suit against said contractor and his surety, seeking…

2Cases cited11 opinions

  1. Hanley v. WalkerMichigan Supreme Court · 1890
  2. O'Keefe v. Corporation of St. Francis's ChurchSupreme Court of Connecticut · 1890
  3. Smith v. BriggsNew York Supreme Court · 1846
  4. George A. Fuller Co. v. DoyleU.S. Circuit Court for the District of Eastern Missouri · 1898
  5. Frain v. BurgettIndiana Supreme Court · 1898

6 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. American-Hawaiian Engineering & Construction Co. v. ButlerCalifornia Supreme Court · 1913
  2. Town of Plainfield v. Paden Engineering Co.Indiana Court of Appeals · 2011
  3. Chicago Lumber & Coal Co. v. GarmerSupreme Court of Iowa · 1906
  4. Korbly v. LoomisIndiana Supreme Court · 1909
  5. Shuee v. GedertIndiana Court of Appeals · 1979

6 more not listed; retrieve them via the Exa API.

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