Gould v. McCormick

Citations

• 75 Wash. 61
• 134 P. 676
• 1913 Wash. LEXIS 2201

Syllabus

<p>Appead — Exceptions—Necessity. A memorandum decision constituting a ruling upon matters taken under advisement, and in no sense a judgment, is not findings of fact, to which exceptions need be taken.</p> <p>Contracts — Building Contracts — Superintendence — Construction — Termination for Dissatisfaction. An architect’s contract to superintend the construction of a building to the end that the same shall be (1) strictly in accordance with the plans, (2) with good workmanship, (3) best materials, and (4) superintend construction to the entire satisfaction of the owners, and (5) make such additional drawings as might be required to secure construction in the best possible manner and to the satisfaction of the owners, does not give the owners the unqualified right to terminate the contract if dissatisfied, but only in case of reasonable grounds for dissatisfaction; since, where the language of the contract is doubtful, the latter construction will be adopted.</p> <p>Damages — Measure—Breach of Contracts — Services — Preventing Performance. Where architects employed to superintend the construction of a building were wrongfully discharged, the measure of their damages is the difference between the price fixed and the cost of performance.</p> <p>Mechanics’ Liens — Right to — Architects. Architects may claim a lien for plans and superintending the construction of a building, under Rem. & Bal. Code, § 1129, providing that “every person performing labor upon or furnishing material to be used in the construction ... of any building . . . has a lien upon the same for the labor performed or material furnished.”</p> <p>Mechanics’ Liens — Notice — Excessive Claim — Effect. A mechanics’ lien is not defeated by the fact that the notice claimed an excessive amount, where the evidence does not show either bad faith or that the claim was wilfully filed for an excessive amount.</p>