Charles v. E. F. Hallack Lumber & Manufacturing Co.
Supreme Court of Colorado
Error to the District Court of Arapahoe County. The plaintiff in error, John Q. Charles, and the defendants in error, Thompson & Tomlinson, entered into a written contract, dated April 10, 1889, for the erection and completion of a six-story building on the corner of Fifteenth and Curtis streets, in the city of Denver, for the sum of 197,525, payable in installments as the work progressed, less twenty per cent of the work done and material furnished, which was to be deducted…
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Error to the District Court of Arapahoe County. The plaintiff in error, John Q. Charles, and the defendants in error, Thompson & Tomlinson, entered into a written contract, dated April 10, 1889, for the erection and completion of a six-story building on the corner of Fifteenth and Curtis streets, in the city of Denver, for the sum of 197,525, payable in installments as the work progressed, less twenty per cent of the work done and material furnished, which was to be deducted and held back until the building was fully completed, such installments to be paid upon the production of the…
1Opinion of the CourtJustice Goddard
It appears from the certificate to the bill of exceptions that it does not contain all of the evidence introduced upon the trial of the cause, the original exhibits which include the plans and' specifications being omitted. These are made in express terms a part of the contract, and are therefore important and essential factors in determining the principal issue in the case. Without them before us we are unable to *289determine whether the building was completed in conformity with them or not, or pass upon the sufficiency of the evidence to sustain the conclusions reached by the trial court, and…
2Cases cited8 opinions
- Van Clief v. . Van VechtenNew York Court of Appeals · 1892
- Woodward v. . FullerNew York Court of Appeals · 1880
- Crouch v. . GutmannNew York Court of Appeals · 1892
- Phillip v. . GallantNew York Court of Appeals · 1875
- Hilliker v. FranciscoSupreme Court of Missouri · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Little Thompson Water Association v. StrawnSupreme Court of Colorado · 1970
- Lanier v. LovettArizona Supreme Court · 1923
- Price v. ImmelSupreme Court of Colorado · 1910
- Campbell v. KoinSupreme Court of Colorado · 1964
- Morris v. HokosonaColorado Court of Appeals · 1914
5 more not listed; retrieve them via the Exa API.