O'Keefe v. Corporation of St. Francis's Church
Supreme Court of Connecticut
Action to recover for work done and materials furnished in the construction of a church for the defendant corporation; brought to the Superior Court in Hartford County, and tried to the jury, before Prentice, J. Verdict for the plaintiff, and appeal by the defendant for error in the rulings and charge of the court.
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Action to recover for work done and materials furnished in the construction of a church for the defendant corporation; brought to the Superior Court in Hartford County, and tried to the jury, before Prentice, J. Verdict for the plaintiff, and appeal by the defendant for error in the rulings and charge of the court. The case is fully stated in the opinion. cited—To the point that alterations do not amount to an abandonment of a contract unless they so far depart from it that it cannot be followed, Lloyd on Law of Building, § 53 ; 2 Chitty on Cont., 2d Am. ed., 823. To the point that where a…
1Opinion of the CourtCarpenter, J.
This is an action to recover for materials furnished and labor performed in the construction of a church edifice. The complaint contains only the common counts.
The first defense is a denial of the allegations in the complaint. The second sets up a written contract under which the labor and materials were furnished. The third alleges a disagreement of the parties as to extra compensation, a submission of that matter to the arbitrament of the architect, and an award by him that the plaintiff was not entitled to compensation for extras, etc. The fourth defense is that *555under the contract the…
2Cited by34 opinions
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- F. B. Fountain Co. v. SteinSupreme Court of Connecticut · 1922
- Gordon v. Indusco Management Corp.Supreme Court of Connecticut · 1973
- Foster Wheeler Enviresponse, Inc. v. Franklin Cty. Convention Facilities Auth.Ohio Supreme Court · 1997
- American-Hawaiian Engineering & Construction Co. v. ButlerCalifornia Supreme Court · 1913
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