Hulst v. Benevolent Hall Ass'n

Citations

• 9 S.D. 144
• 68 N.W. 200
• 1896 S.D. LEXIS 122

Syllabus

<p>1. Appellant, by filing exceptions to the report of the referee, and moving to set aside the same without calling the attention of the court to the fact that the report fails to contain all the exceptions during the trial, waives such defect.</p> <p>2. On the issue as to the cost of rebuilding a defective wall, evidence as to what bidders were willing to do the work for is inadmissible.</p> <p>3. The decision of a referee on the issue as to whether there had been a substantial performance of a building contract, based on conflicting evidence, will not be disturbed unless clearly against the preponderance of the evidence.</p> <p>4. When there has not been a substantial compliance on the part of the contractor with the building contract, nor an acceptance of the building, the contractor cannot recover, in an action on the specific contract, the contract price, less allowances for the defects.</p>