Armstrong v. Andrews
Michigan Supreme Court
Error to Kent; Adsit, J. Assumpsit by Denson H. Armstrong against Samuel F. Andrews' for the breach of a p aving contract. From a judgment for plaintiff, defendant brings error. The dispute in this case arises upon the following instrument : “April 8, 1893. “Grand Rapids Sidewalk Co., “105 Ottawa St., Grand Rapids, Mich.
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Error to Kent; Adsit, J. Assumpsit by Denson H. Armstrong against Samuel F. Andrews' for the breach of a p aving contract. From a judgment for plaintiff, defendant brings error. The dispute in this case arises upon the following instrument : “April 8, 1893. “Grand Rapids Sidewalk Co., “105 Ottawa St., Grand Rapids, Mich. “Dear Sirs: You will please construct for me on or about April 20, 1893, on my premises, Richard Terrace, a driveway made of your patent tar concrete, 26 feet wide, and about 500 feet in length,, for which I agree to pay you 6 cents per square foot, surface measure; payment…
1Opinion of the CourtGrant, J.
(after stating the facts).
1. The court instructed the jury that the provision, ‘ ‘ payment to be a *539good and sufficient note, at 60 days, upon completion of work,” meant that such note was to be given at the completion of the work, payable in 60 days. The defendant contends that the giving of the note was a condition precedent to the performance of the contract. We think the court’was correct. The amount could not be determined until the contract was performed. • It could not, therefore, have been contemplated that the note was to be first given. It is quite evident, also, from a letter…
2Cases cited5 opinions
- Lacy v. Dubuque Lumber Co.Supreme Court of Iowa · 1876
- Matthews v. JenkinsSupreme Court of Virginia · 1885
- Keidan v. WinegarMichigan Supreme Court · 1893
- Landyskowski v. LarkMichigan Supreme Court · 1896
- Thomas v. GreenwoodMichigan Supreme Court · 1888
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- State v. NyhusNorth Dakota Supreme Court · 1909
- Van Arsdale-Osborne Brokerage Co. v. FosterSupreme Court of Kansas · 1909
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