Cornish v. Suydam
Supreme Court of Alabama
Appeal from Birmingham City Court. Tried before the Hon. H. A. Sharpe. This action was brought by the appellee against the appellants, to recover the amount alleged to be due upon a contract for the building of a house by the plaintiff for- the defendants; and sought to fasten a mechanic’s lien on the house for the amount alleged to be due under said contract.
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Appeal from Birmingham City Court. Tried before the Hon. H. A. Sharpe. This action was brought by the appellee against the appellants, to recover the amount alleged to be due upon a contract for the building of a house by the plaintiff for- the defendants; and sought to fasten a mechanic’s lien on the house for the amount alleged to be due under said contract. The defendants pleaded the general issue, and by special pleas sought to set-off against the demand of the plaintiff damages alleged to have been sustained by the defendants by reason of plaintiff’s failure to complete the house within…
1Opinion of the CourtMcCLELLAN, J.
The contract of September 25, 1890, stipulated for the completion of the house “ready for occupancy” within sixty days from that date, that is by the’ 24th day of November, 1890, according to the architect’s plans and specifications. It seems that these plans and specifications did not provide for, contemplate or require the finishing of the second story of the building in respect of the plastering, casing and hanging of the doors and windows, wainscotting, &c., &g., nor that the last coat of paint of lead and oil on the whole exterior of the building should-be put on by the contractor,…
2Cases cited2 opinions
- Badders & Britt v. DavisSupreme Court of Alabama · 1889
- Young v. FullerSupreme Court of Alabama · 1856
3Cited by11 opinions
- Shriner v. CraftSupreme Court of Alabama · 1910
- Moore v. WilliamsonSupreme Court of Alabama · 1925
- Smith v. SharpeSupreme Court of Alabama · 1909
- Fidelity & Deposit Co. v. RobertsonSupreme Court of Alabama · 1902
- Ward v. HarenMissouri Court of Appeals · 1909
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