Mercer v. Harris
Nebraska Supreme Court
Error to tbe district court for Douglas County. This action was brought by Henry H. Harris and William M. Foster, against Samuel D. Mercer, they being the assignees of Rose Brothers, with whom Mercer had entered into a contract for the erection of a dwelling house in the city of Omaha.
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Error to tbe district court for Douglas County. This action was brought by Henry H. Harris and William M. Foster, against Samuel D. Mercer, they being the assignees of Rose Brothers, with whom Mercer had entered into a contract for the erection of a dwelling house in the city of Omaha. The contract provided for the erection of the building in accordance with certain plans and specifications made by an architect, said work to be done in a good and workmanlike manner “to the satisfaction of, and under the direction of said architect, to be testified by a writing or certificate under the hand of…
1Opinion of the CourtGantt, J.
Several errors are assigned as reasons for the reversal of the judgment in this case, and they will be examined without any regard to the order in which they appear in the record.
The main ground of defense was that the Rose Brothers did not perform their work in the manner required by the contract, and did not erect and complete the building in a good, sufficient and workmanlike manner. The plaintiff in error offered in evidence the deposition of J. E. Richmond, which was objected to and the objection sustained; he also called Thomas Holmes as a witness and asked him several questions which…
2Cases cited1 opinion
- Hartwell v. RootNew York Supreme Court · 1822
3Cited by8 opinions
- Getchell & Martin Lumber & Manufacturing Co. v. Peterson & SampsonSupreme Court of Iowa · 1904
- Carson v. City of GeneseeIdaho Supreme Court · 1903
- Tobin Quarries, Inc. v. Central Nebraska Public Power & Irrigation Dist.District Court, D. Nebraska · 1946
- Anderson v. ImhoffNebraska Supreme Court · 1892
- School District No. Twenty-seven v. RandallNebraska Supreme Court · 1877
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