Chapel v. Clark
Michigan Supreme Court
Error to Kent; Adsit, J. Assumpsit by William A. Chapel against Melvin J. Clark for services as architect. From a judgment for plaintiff, defendant brings error. Plaintiff, an architect, executed plans and specifications for the defendant for a large building erected in the city of Grand Rapids. The arrangement rested in parol.
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Error to Kent; Adsit, J. Assumpsit by William A. Chapel against Melvin J. Clark for services as architect. From a judgment for plaintiff, defendant brings error. Plaintiff, an architect, executed plans and specifications for the defendant for a large building erected in the city of Grand Rapids. The arrangement rested in parol. The testimony as to its terms was in direct conflict, plaintiff testifying that defendant expressly agreed to pay him well for his services, and defendant testifying that plaintiff solicited the job, saying that it would be a great help to him in starting out in his…
1Opinion of the CourtGrant, C. J.
(after stating the facts). 1. Defendant requested the court to instruct the jury that if they found the contract as claimed by plaintiff, and they should further find that, by mistake of the plaintiff, the defendant had been caused unnecessary expense in the construction ■of the building, they should determine the amount of such unnecessary expense, and deduct it from the value of the services rendered. This was refused, and the court instructed the jury as follows:
“The notice of defendant, which I have called your attention to, alleges that the plans and specifications drawn by the plaintiff…
2Cases cited3 opinions
- Smothers v. HanksSupreme Court of Iowa · 1872
- Shipman v. StateWisconsin Supreme Court · 1877
- Coombs v. BeedeSupreme Judicial Court of Maine · 1896
3Cited by20 opinions
- Sears, Roebuck & Co. v. Enco Associates, Inc.New York Court of Appeals · 1977
- Borman's, Inc. v. Lake State Development Co.Michigan Court of Appeals · 1975
- National Sand, Inc v. Nagel Construction, IncMichigan Court of Appeals · 1990
- Tiffany v. the Christman Co.Michigan Court of Appeals · 1979
- Surf Realty Corp. v. StandingSupreme Court of Virginia · 1953
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