Hinds v. Hinchman-Renton Fireproofing Co.

Citations

• 165 F. 339
• 91 C.C.A. 325
• 1908 U.S. App. LEXIS 4762

Syllabus

<p>1. Appeal and Error (§ 216*) — Review—Instructions.</p> <p>The charge of the court in an action at law, or the manner in which the cause was submitted to the jury, cannot he reviewed, unless the court’s attention was called to the particular matters objected to or omitted, by requests to instruct or otherwise, and exceptions taken to its rulings.</p> <p>[Ed. Note. — For other cases, see Appeal .and Error, Cent. Dig. §§ 627, 628; Dec. Dig. § 210.*]</p> <p>2. Contracts (§ 321*) — Construction—Implied Conditions.</p> <p>A contract for a building, for which the owner was to do the excavating, which hound the contractor to have his workmen on the ground in two weeks aCler being notified and to complete the work within a stated time thereafter, by implication imposed upon the owner an obligation to lie ready for the workmen when they came after such notification, and the contractor may recover damages for loss of time resulting from a breach of such obligation.</p> <p>[Ed. Note. — For other cases, see Contracts, Cent. Dig. §§ 1508, 15519; Dec. Dig. § 321.*]</p>