Architect, Owner and Builder Before the Law: A Summary of American and English Decisions on the Principal Questions Relating to Building and to the Employment of Architects ... Including Also Practical Suggestions in Regard to the Drawing of Building Contracts ... |
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Page 4
... ground that the agreement , being for services not to be performed within a year , was void under the Statute of Frauds . The court , however , decided that in the absence of any written contract or memorandum , the fact that the ...
... ground that the agreement , being for services not to be performed within a year , was void under the Statute of Frauds . The court , however , decided that in the absence of any written contract or memorandum , the fact that the ...
Page 5
... ground that the contract was void by the Statute of Frauds . It was proved that some time after the verbal agreement of sale was made , the purchaser wrote to the agent of the defend- ants , asking for " a statement of our coal ...
... ground that the contract was void by the Statute of Frauds . It was proved that some time after the verbal agreement of sale was made , the purchaser wrote to the agent of the defend- ants , asking for " a statement of our coal ...
Page 16
... ground that no promise had been made to pay for them . On the other hand , if a promise is really made , or any in- ducement held out , by which an architect is led to spend time and trouble , he has only to show this to the ...
... ground that no promise had been made to pay for them . On the other hand , if a promise is really made , or any in- ducement held out , by which an architect is led to spend time and trouble , he has only to show this to the ...
Page 19
... ground that it did not state facts sufficient to constitute a cause of action . No question was raised as to the sufficiency of the proposal and acceptance to constitute a bind- ing contract , but the defendant objected that nothing in ...
... ground that it did not state facts sufficient to constitute a cause of action . No question was raised as to the sufficiency of the proposal and acceptance to constitute a bind- ing contract , but the defendant objected that nothing in ...
Page 26
... ground for damages . Justice Pattison said that the right principle on which damages were recoverable was that the goods were made for a special purpose , which has been defeated by the negligence of the defendants , and thus they had ...
... ground for damages . Justice Pattison said that the right principle on which damages were recoverable was that the goods were made for a special purpose , which has been defeated by the negligence of the defendants , and thus they had ...
Other editions - View all
Architect, Owner and Builder Before the Law: A Summary of American and ... Theodore Minot Clark No preview available - 2017 |
Architect, Owner and Builder Before the Law: A Summary of American and ... Theodore Minot Clark No preview available - 2018 |
Common terms and phrases
accepted according agreed agreement allowed amount appears archi architect assumpsit authority Barb bidder bills of quantities binding bound Bradw builder building contracts certificate charge claim clause client Commissioners completion construction contract price cost damages decided decision deduction defects defendant delay Denio duty employed employer entitled to recover erection estimate evidence extra fault finished fraud furnished given ground Iaege Illinois judge jury liable lien liquidated damages Mass Massachusetts materials matter mechanic's lien ment Minn Missouri Moutier necessary negligence original contract owner paid parties payment Penn performed person plaintiff plans and specifications principal contractor principle promise quantum meruit reasonable refused to pay regard responsible rule saying signed Smith statute Statute of Frauds stipulations sub-contractor sued suit superintendent Supreme Court held tect tion tract tractor unless Upper Canada verbal waive waiver walls Wend West Brookfield written contract York
Popular passages
Page 340 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril ; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 368 - ... to pay to the said party of the second part the sum of in payments as follows : and the balance days after the said work shall have been Form 11.
Page 364 - Arbitrators, one to be appointed by each of the parties to this contract ; and the third by the two thus Chosen ; the decision of any two of whom shall be final and binding, and each of the parties hereto shall pay one-half of the expenses of such reference.
Page 369 - Contract, the amount of such increase or reduction shall be added to or deducted from the Contract Price as the case may be...
Page 56 - ... tor in the doing of the work in question. There was a same" ness of responsibility only when the negligence of the " contractor was such as to be discoverable by the exercise of " reasonable care and skill on the part of the architect ; for the " effects of negligence beyond this measure, the contractor alone
Page 214 - g reements (1677) no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate...
Page 214 - ... from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith...
Page 96 - A libel is a malicious publication, expressed either in printing or writing, or by signs and pictures, tending either to blacken the memory of one who is dead, or the reputation of one who is alive, and expose him to public hatred, contempt, or ridicule.
Page 365 - ... the expense incurred by the Owner., in finishing the work, such excess shall be paid by the Owner., to the Contractor..; but if such expense shall exceed such unpaid balance, the Contractor. . shall pay the difference to the Owner. .. The expense incurred by the Owner., as herein provided...
Page 215 - No action may be brought upon any contract for the sale or other disposition of land or any interest in land, unless the agreement upon which such action is brought, or some memorandum or note thereof, is in writing, and signed by the party to be charged or by some other person thereunto by him lawfully authorised.