Schliess v. City of Grand Rapids
Michigan Supreme Court
Error to superior court of Grand Rapids; Newnham, J. Assumpsit by Henry Schliess against the city of Grand Rapids to recover a balance due on a building contract. From a judgment for plaintiff, defendant brings error. In November, 1898, plaintiff made a contract with the defendant city to build the foundation walls for a municipal electric-lighting plant.
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Error to superior court of Grand Rapids; Newnham, J. Assumpsit by Henry Schliess against the city of Grand Rapids to recover a balance due on a building contract. From a judgment for plaintiff, defendant brings error. In November, 1898, plaintiff made a contract with the defendant city to build the foundation walls for a municipal electric-lighting plant. By the charter of the city (title 9, §§ 13,14, 30) the board of public works is intrusted with the control of the erection and construction of such buildings. The board is also authorized to determine and designate the kind and quality of…
1Opinion of the CourtGrant, J.
(after stating the facts). The jury, by their verdict, have settled the questions of fact submitted to them in favor of the plaintiff. These were:
1. Did the plaintiff proceed in the erection of the wall without the permission of the architect, defendant’s authorized agent ?
2. Did he protect the wall in the usual manner by the use of manure, and as directed by the architect ?
*603. Was the wall properly bonded, and was the use of some stones smaller than those mentioned in the contract a violation of it ?
4. Was the trouble with the wall caused by extreme cold weather, which froze and billed the…
2Cases cited14 opinions
- Walter A. Wood Reaping & Mowing Machine Co. v. SmithMichigan Supreme Court · 1883
- Filbert v. City of PhiladelphiaSupreme Court of Pennsylvania · 1897
- Gibson v. CranageMichigan Supreme Court · 1878
- Ashland Lime, Salt & Cement Co. v. ShoresWisconsin Supreme Court · 1899
- Koehler v. BuhlMichigan Supreme Court · 1893
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3Cited by23 opinions
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- Friederick v. County of RedwoodSupreme Court of Minnesota · 1922
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