Clark v. Collier

Citations

• 100 Cal. 256
• 34 P. 677
• 1893 Cal. LEXIS 780

Syllabus

<p>Building Contract—Loss by Fire Before Completion.—Where, by the terms of a building contract, the third and last installments of payment for the work were conditioned upon its completion according to agreement and specifications, such installments cannot be recovered where the whole work is consumed by fire, without apparent fault of either party, before its completion.</p> <p>Id.—Construction of Contract.—Where by the terms of the contract the contractor agreed to repair an old house and to build a new addition thereto to be attached to it, the old house to be turned partly around and placed on a new brick foundation, to be laid under both the old house and the new addition, there being nothing in the contract by which the price to be paid for any part of the work or materials could be distinguished from that to be paid for any other part, the contract is an entirety, and a provision that the third installment should be paid when the “ building” is completed according to the agreement and specifications refers to the whole building, including the old part and the new addition.</p> <p>Id.—Incomplete Building.—Where the evidence shows that no part of the second coat of paint required by the contract had been put on; that the work-bench of the carpenters and the paint for the second coat were in the building at the time of- the fire; that two of the doors were unhung, and no fastenings put on the front door or windows; and that the house had not been delivered nor accepted, it cannot be held that the building was substantially completed before the fire.</p> <p>In.—Extra Work—Conflicting Evidence—De Minimis.—Where the evidence was substantially conflicting as to the contractor’s claim for extra work upon which the court found for the defendant, except as to one door-lock, of the value of fifty cents, which, as compared with th« sum in contest, may be considered as de minimis, the finding will not be disturbed.</p>