Humphrey v. Flaherty

The opinion of the court was delivered by

Johnston, C. J.:

George W. Humphrey brought this action against M. E. Flaherty, to recover a balance due under a written contract by which the plaintiff was to receive $2500 for remodeling and constructing a house for the defendant and he recovered a judgment for $361.64 from which the defendant appeals.

In the contract, February 1, 1912, was named as the time for completing the building, and it was provided that the plaintiff should forfeit $5 per day for any delay in the com-pletion after that date. It was also provided that payments should be due when…