Gier v. Daiber
Michigan Supreme Court
Cross-appeals from Wayne; Mandell, J. Bill by James J. Gier and Catherine Bousson, copartners as James J. Gier & Company, against Philip Daiber to enforce a mechanics’ lien. From the decree rendered, both parties appeal.
Read the full summary
Cross-appeals from Wayne; Mandell, J. Bill by James J. Gier and Catherine Bousson, copartners as James J. Gier & Company, against Philip Daiber to enforce a mechanics’ lien. From the decree rendered, both parties appeal. Complainants, copartners, filed a bill to enforce a mechanic’s lien.- The answer of defendant sets out the written contract entered into by the parties and the plans and specifications according to which complainants were to build, furnishing all labor and materials, and defendant to pay for, three houses for $3,450. It is a part of the agreement that the superintending owner…
1Opinion of the CourtOstrander, J.
{after stating the facts). It is one of the contentions made by defendant that complainants should be remitted to an action at law. It is based upon the proposition that the written contract requires the buildings to be constructed to the satisfaction of the owner, who is given power to reject materials and workmanship not in conformity with the specifications, and that the evidence shows defective materials and workmanship. Hanley v. Walker, 79 Mich. 607 (8 L. R. A. 207); Boots v. Steinberg, 100 Mich. 134. The learned trial judge disposed of this contention by finding that defendant, though…
2Cases cited4 opinions
- Hanley v. WalkerMichigan Supreme Court · 1890
- Moore v. Detroit Locomotive WorksMichigan Supreme Court · 1866
- Boots v. SeinbergMichigan Supreme Court · 1894
- Ford v. United StatesUnited States Court of Claims · 1881
3Cited by3 opinions
- Young v. SteinMichigan Supreme Court · 1908
- Marchand v. PerrinNorth Dakota Supreme Court · 1910
- Kunze v. JonesMichigan Supreme Court · 1918