Bertucci v. Cappell

Citations

• 13 Tiess. 321

Syllabus

<p>Syllabus.</p> <p>When a judgment is divisible, a party may appeal from one part' of it, and execute the other, without forfeiting his right of appeal.</p> <p>A married woman cannot sign a bond as surety without the authorization of her husband.</p> <p>An owner who.fails to require from the contractor a surety good and solvent up to the time of payment of all the claims against the contractor is personally liable to the same extent as the surety to the amount of the bond required by law.</p> <p>When a contractor abandons the building before completion, the owner may complete the building at the expense of the contractor; when he calls á concursus he is only bound to deposit in Court the unpaid portion of the price earned by the contractor and the balance of the contract price, if any, remaining in his hands after-paying for the completion of the building.</p> <p>Tlie “detailed statement” mentioned in C. C., 3272, differs from the “attested account” of Article 2772.</p> <p>When the appointment of the Commissioner is provoked by the owner his compensation must be paid by the owner as cost and not by the mass. .</p>