Guerini Stone Co. v. P. J. Carlin Construction Co.

Citations

• 248 U.S. 334
• 39 S. Ct. 102
• 63 L. Ed. 275
• 1919 U.S. LEXIS 2317

Syllabus

<p>C contracted to erect a federal building, and G subcontracted with C to build the superstructure in a specified time, to be extended to make up for delays caused by the owner, by C or by other causes specified, and C agreed to provide all labor and materials not included in G’s contract in such manner as not to delay the material progress of G’s work, and’ to reimburse G for any loss caused by failure to do so. G’s work was stopped by the action of the Government in suspending the operations because of a defect in the foundation provided by C, and after more than two months there was still no prospect that G, though ready, could resume within a reasonable time. Held, that an agreement that C would furnish a suitable foundation so as not to delay G was imported, which was not dependent on C’s fault or the rights of the Government under the main contract, and that G was not confined to the remedy of time extension and reimbursement, but could treat the contract as broken and sue for the breach. P. 340.</p> <p>When the complaint counts upon a special building contract, and defendant’s breach in failing to provide a proper place for plaintiff’s work under it, and also upon a quantum meruit for labor performed and materials furnished, evidence of materials, etc., left on the premises by the plaintiff at the termination of the contract and appropriated by the defendant, is admissible under the latter count, without regard to its bearing on the damages recoverable under the special contract. P. 342.</p> <p>Error in admitting evidence cannot be imputed to the trial court upon the theory that a count qf the complaint was waived at the trial, when the theory depends on a statement made by plaintiff’s counsel in the Circuit Court of Appeals, which was inconsistent with the bill of exceptions. Id.</p> <p>Upon the breach by the defendant of a building contract, certain tools and appliances, brought to the building and used by the plaintiff in performing the contract and susce