Dingley v. Greene

Citations

• 2 Cal. Unrep. 441
• 6 P. 81

Syllabus

<p>Building Contract—Construction of Provisions.—A condition in a building contract that “should the contractor at any time during the progress of the work refuse or neglect to supply a sufficiency of material or workmen, the owner shall have power to provide materials or workmen, after one day’s notice in writing being given to finish said work, and the expense shall be deducted from the amount of the contract,” does not require that the owner shall, on default of the contractor, either finish the work in his place, or wait until the time has expired when the contract was to be finished under the agreement, and then proceed against the contractor for damages. The owner may, instead, enter into an independent contract for the completion of the work.</p>