Guthat v. Gow

CourtSupreme Court of Michigan
Writing for the CourtMONTGOMERY
Citation95 Mich. 527,55 N.W. 442
Decision Date31 May 1893
PartiesGUTHAT v. GOW.

95 Mich. 527
55 N.W. 442

GUTHAT
v.
GOW.

Supreme Court of Michigan.

May 31, 1893.


Error to circuit court, Muskegon county; Albert Dickermann, Judge.

Action by Albert W. Guthat against James Gow. Judgment for plaintiff, and defendant brings error. Reversed.

[55 N.W. 442]

Smith, Nims, Hoyt & Erwin, for appellant. Turner, Turner & Turner, for appellee.


MONTGOMERY, J.

Plaintiff sues upon a written contract, by the terms of which he agreed, among other things, to build, construct, and completely finish for the defendant a two-story frame dwelling house, except as to mason work other than plastering, according to drawings and specifications made by Marc J. Reiseger, architect, in a good, workmanlike, and substantial manner, under the direction of said architect, and to his satisfaction, to be testified by a certificate under his hand; and also, at his own expense, and under the direction and to the satisfaction of said architect, furnish such material, workmanship, and labor of all kinds whatsoever as shall be proper and sufficient for completing all the above-designated work, * * * and to remove all improper materials and work when directed by said architect, and substitute therefor such material and work as, in the opinion of said architect, are required by said drawings and specifications; and deliver said work to first party finished and free from all claims, liens, and charges. To commence said work forthwith, and have the same fully completed within eighty days from the time the stone foundations and basement walls shall be ready for the carpenter work. To produce, when required by the owner, a sworn statement of all the indebtedness for labor or material furnished, used, or expended on said building. Said owner to pay therefor $2,592.20 upon the presentation of certificates, signed by said architect, of his estimate of work done and material furnished. Such estimates to be made once in each two weeks, fifteen per cent. of each estimate to be retained by the owner until all of said work is completed by the contractor and the architect is satisfied that said work is free from all liens and shall issue said certificate. The agreement contained further provisions as follows: “Should any dispute arise respecting the true construction or meaning of said drawings and specifications, the same shall be decided by said architect, and his decision shall be final. * * * The owner may at any time during the progress of said work make any additions to or alterations in or deviations or...

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1 practice notes
  • Evans v. Cheyenne Cement, Stone & Brick Company, 673
    • United States
    • United States State Supreme Court of Wyoming
    • 24 d1 Março d1 1913
    ...not obtaining it. (Ashley v. Henahan, 50 O. St. 559; Beck v. B. & L. Co., 85 N.Y.S. 323; Diehl v. Schmalacker, 57 id. 244; Guthat v. Gow, 95 Mich. 527; Hennessy v. Metzger, 152 Ill. 505; Cement Co. v. Beifeld, 173 Ill. 179; McAlpine v. Trustees, 101 Wis. 468; McNamara v. Harrison, 81 Ia. 48......
1 cases
  • Evans v. Cheyenne Cement, Stone & Brick Company, 673
    • United States
    • United States State Supreme Court of Wyoming
    • 24 d1 Março d1 1913
    ...not obtaining it. (Ashley v. Henahan, 50 O. St. 559; Beck v. B. & L. Co., 85 N.Y.S. 323; Diehl v. Schmalacker, 57 id. 244; Guthat v. Gow, 95 Mich. 527; Hennessy v. Metzger, 152 Ill. 505; Cement Co. v. Beifeld, 173 Ill. 179; McAlpine v. Trustees, 101 Wis. 468; McNamara v. Harrison, 81 Ia. 48......

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