Fontano v. Robbins
Court of Appeals for the D.C. Circuit
Hearing on an appeal by tbe plaintiff from a judgment of tbe Supreme Court of tbe District of Columbia upon tbe verdict of a jury in an action of covenant upon a building contract. The Court in the opinion stated the ease as follows: This case has been in this court on a former appeal taken by the present appellant, Primo Fontano, who was the plaintiff in the court helow. Fontano v. Bobbins, 18 App.
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Hearing on an appeal by tbe plaintiff from a judgment of tbe Supreme Court of tbe District of Columbia upon tbe verdict of a jury in an action of covenant upon a building contract. The Court in the opinion stated the ease as follows: This case has been in this court on a former appeal taken by the present appellant, Primo Fontano, who was the plaintiff in the court helow. Fontano v. Bobbins, 18 App. D. 0. 402. The former appeal was taken from the ruling of the court below, directing a verdict for the defendant, upon the evidence produced for the plaintiff, and without hearing evidence for the…
1Opinion of the CourtChief Justice Ai.vnv
The plaintiff has assigned three errors, for which he asks the reversal of the judgment:
1. That it was error to take the case from the jury, in view of all the evidence before them.
2. That it was error to hold as matter of law that the architect *264had the power and authority under the contract sued on, or by virtue of his employment as such, with the usual powers as architect, to change and materially to depart from the express provisions of the contract without the consent of and against the protest of the plaintiff, in directing and requiring the plaintiff to proceed with the setting of the…
2Cases cited5 opinions
- Glacius v. . BlackNew York Court of Appeals · 1872
- Stuart v. City of CambridgeMassachusetts Supreme Judicial Court · 1878
- Leverone v. ArancioMassachusetts Supreme Judicial Court · 1901
- Burke v. City of KansasMissouri Court of Appeals · 1889
- McIntosh v. HastingsMassachusetts Supreme Judicial Court · 1892
3Cited by1 opinion
- Cole v. DeBobulaDistrict of Columbia Court of Appeals · 1944