Johnson v. Roanoke Land & Improvement Co.

Citations

• 82 Va. 284
• 1886 Va. LEXIS 31

Syllabus

<p>Equitable Jurisdiction and Belief—Remedy at law—Case at bar— Contract, clause eight, reads: “No work shall be considered extra . unless a separate estimate in writing for the same be submitted by the contractor to the architect and their signatures be obtained thereto.” Contractor was entitled to, and demanded, but could not. get copy of contract until work was completed; during progress whereof, various alterations in the plans.were piade by employer, which he refused to pay for, because not made according to clause ' eight. Contractor brought covenant. Objection was sustained ' against any evidence as to alterations, for that reason. The action was dismissed ; and contractor brought his bill for an account and general relief. The bill was dismissed on demurrer. On .appeal—</p> <p>Held:</p> <p>Employer having successfully obstructed contractor’s remedy at law, the latter is entitled to relief in a court of equity. Radcliffe v. High, 2 Rob. 271.</p>