Walter v. Huggins
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. James E. Goodrich, Judge. Where work is improperly done under a building contract and the owner, with knowledge of the defect, takes possession of and uses the building, without waiver, the amount of damages would be the difference between the value of the work as done and as it should have been done.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. James E. Goodrich, Judge. Where work is improperly done under a building contract and the owner, with knowledge of the defect, takes possession of and uses the building, without waiver, the amount of damages would be the difference between the value of the work as done and as it should have been done. This is the equitable rule and no other ought to prevail, because it would be unreasonable to permit the owner, after knowledge of the defective work, to use it so long as it served any good purpose and then compel the builder to pay him for entirely new…
1Opinion of the CourtJohnson, J.
This is an action to enforce a mechanics’ lien. Plaintiff, as subcontractor, lathed and plastered a building erected on the premises of the defendant Midland Realty Company. Defendant Huggins was the original contractor. One of the defenses raised by the pleadings is that the work was not done according to the plans and specifications as required by the contract. The cause was sent to a referee who heard the evidence and reported his findings of fact and conclusions of law in which he found that the work was not done by plaintiff in compliance with the plans and specifications; that the…
2Cases cited8 opinions
- Stillwell & Bierce Manufacturing Co. v. PhelpsSupreme Court of the United States · 1889
- State ex rel. Patterson v. McReynoldsSupreme Court of Missouri · 1875
- White v. McLarenMassachusetts Supreme Judicial Court · 1890
- Marsh v. RichardsSupreme Court of Missouri · 1859
- Wright v. SandersonMissouri Court of Appeals · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Herbert & Brooner Construction Co. v. GoldenMissouri Court of Appeals · 1973
- Burger v. WoodMissouri Court of Appeals · 1969
- Hewitt v. BuchananCourt of Appeals of Texas · 1927
- Hotchner v. LiebowitsMissouri Court of Appeals · 1960
- Higby v. HooperMontana Supreme Court · 1950
7 more not listed; retrieve them via the Exa API.