Richardson v. Shaw
Missouri Court of Appeals
Error to St. Louis Circuit Court. cited: Add. oru Con. 450, 449 ; Niblo v. Bensse, 44 Barb. 57, and authorities cited; Schwartz v. Deagling, 55 111. 345. cited: Adams; v. Nichols, 19 Pick. (Mass.) 275; Davis v. Smith, 15 Mo. .467; Trippe v. Armetage, 5 M. & W. 699 ; Buusley v„ Smith, 3 Ala. 123.
1Opinion of the CourtLewis, J.
On February 9, 1872, plaintiff contracted to furnish the materials, and build for defendant, on land belonging to the latter, a wooden-framed house, for the sum of $5,102, to be paid as follows: $1,000 when the framework should be up; $1,000 when the building should be inclosed; $1,000 when it should be ready for the plasterer, and the balance, $2,102, when the work should be finished. The frame work was up, and the building nearly inclosed, when a violent storm prostrated and destroyed' the structure. Afterwards, on May 14, 1872, the parties *235entered into a- new contract for the carpenter’s…
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