(Download) "Sarah Cabanaw v. Bruce Cabanaw" by Fourth District Court of Appeals of Indiana * Book PDF Kindle ePub Free
eBook details
- Title: Sarah Cabanaw v. Bruce Cabanaw
- Author : Fourth District Court of Appeals of Indiana
- Release Date : January 31, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Miles Pratt and J. M. Thomas brought an action against the Meem Haskins Coal Corporation to recover $1,996.50 for labor performed by them in the construction of a building on the premises of the corporation. They alleged in their petition that in November, 1943, they entered into a contract with the defendant to construct a stone magazine building and for the stone work were to be paid $1.50, a cubic foot; that they completed the work, and the building contained 1331 cubic feet of stone. In the fourth paragraph of its answer the defendant alleged that in November, 1943, it desired to construct a substation, using stone masonry in the construction thereof, and that it secured bids from various persons to do the work of cutting and hauling stone and putting it in place in accordance with its plans and specifications; that it proposed to furnish the cement and sand necessary for the construction of the substation, and also proposed to permit the stone to be quarried from its property; that it proposed further to calculate the masonry in all walls less than 12 inches thick as full 12-inch walls and all openings were to be measured as solid masonry; that it received a bid from J. M. Thomas to perform the work at the price of $13.50 a cubic yard, and that his bid was the lowest and best bid received by it, and thereupon it awarded to him the contract to construct the substation in accordance with its plans and specifications; that the masonry and the walls measured in accordance with the specifications of the defendant amounted to 49.41 cubic yards, and that it tendered to J. M. Thomas payment for the work done in accordance with the agreement; namely, 49.41 cubic yards at $13.50 per cubic yard, or a total sum of $667.03. In the fifth paragraph of its answer the defendant alleged that the price of $1.50 per cubic foot of masonry attempted to be charged and collected by the plaintiffs was unreasonable and more than three times the usual and customary price for work of like kind and character at the time. In paragraph 6 it tendered to the plaintiffs the sum of $667.03 in full and final settlement of all claims asserted in the petition. In a reply the plaintiffs traversed the affirmative allegations of the answer. On the trial of the case the jury returned a verdict for $1,876 in favor of the plaintiffs, and, from the judgment entered thereon, the defendant has appealed.
 "Sarah Cabanaw v. Bruce Cabanaw" by Fourth District Court of Appeals of Indiana * Book PDF Kindle ePub Free){kind=link}