Franklin v. Schultz
Montana Supreme Court
Appeal from District Court, Silver Bow County; William Clancy, Judge. Action by J. Franklin against Mary Schultz and Carl Schultz. Judgment for defendants, and plaintiff appeals.
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Appeal from District Court, Silver Bow County; William Clancy, Judge. Action by J. Franklin against Mary Schultz and Carl Schultz. Judgment for defendants, and plaintiff appeals. The defendants, by accepting the building and taking possession of the same and making a part of the last payment, which by the terms of the contract was to be made upon the full completion of the building, waived any further compliance of the terms of, the contract on the part of the plaintiff. {Bell v. Teague, 3 South. (Ala.) 861; Giant Powder Co. v. San Diego Flume Go., 26 Pac. (Cal.) 976; Pice et al. v. Brown, 42…
1Opinion of the CourtJustice Pigott
This action was brought to recover of the defendants the sum of $497.75, claimed to be the balance due to the plaintiff upon a building contract whereby plaintiff undertook to erect and complete for the defendants, on a lot owned by them in Butte, a two-story and basement brick house in accordance with the plans and specifications, and for which the defendants promised to pay to plaintiff $2,950. Enforcement of a mechanic’s and material man’s lien for the alleged balance was also sought. At the conclusion of the evidence in behalf of the plaintiff, the court, trying the cause without a jury,…
2Cases cited3 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Van Clief v. . Van VechtenNew York Court of Appeals · 1892
- Anderson v. ToddNorth Dakota Supreme Court · 1898
3Cited by10 opinions
- Remsberg v. Hackney Manufacturing Co.California Supreme Court · 1917
- Riddell v. Peck-Williamson Heating & Ventilating Co.Montana Supreme Court · 1902
- Gilloley v. SampsonSupreme Court of Minnesota · 1938
- Clifton, Applegate & Toole v. Big Lake Drain District No. 1Montana Supreme Court · 1928
- Mitchell v. CarlsonMontana Supreme Court · 1957
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