Legal Opinion

James I. Barnes Construction Co. v. Washington Township

Indiana Court of Appeals

Decided September 4, 1962No. 19,721PublishedCited by 14 opinions

1Opinion of the CourtMyers, J.

This is an action commenced by appellant, James I. Barnes Construction Company, a partnership, to recover the last payment due under a construction contract for the erection of a grade school building in Washington Township, Starke County, Indiana. Appellees filed an answer and cross-complaint asking damages for defective construction work, and alleging that the engineer’s certificate was not issued in the exercise of honest judgment and was issued through gross mistake of fact.

A trial by jury was had resulting in a verdict in favor of appellees and against appellant. Damages were assessed at…

2Cases cited5 opinions

  1. Pokraka v. Lummus Co.Indiana Supreme Court · 1952
  2. McCoy v. AbleIndiana Supreme Court · 1892
  3. CHI. & CAL. DIST. TRANSIT ETC. v. StravatzakesIndiana Court of Appeals · 1959
  4. Morris v. FoxIndiana Court of Appeals · 1922
  5. Lake Michigan Water Co. v. United States Fidelity & Guaranty Co.Indiana Court of Appeals · 1919

3Cited by14 opinions

  1. Bolton Corp. v. T. A. Loving Co.Court of Appeals of North Carolina · 1989
  2. Southern, School Buildings, Inc. v. Loew Electric, Inc.Indiana Court of Appeals · 1980
  3. Willie's Const. Co., Inc. v. BakerIndiana Court of Appeals · 1992
  4. City of Anderson v. Salling Concrete Corp.Indiana Court of Appeals · 1980
  5. Biemann & Rowell Co. v. Donohoe CompaniesCourt of Appeals of North Carolina · 2001

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