Lara, Ross & Co. v. Greeley & Blaisdell

Citations

• 20 Fla. 926

Syllabus

<p>1. A. contracts with B. to do certain work. One of the stipulations of the contract is that payments shall be made to B. when the work contracted for shall have been inspected and accepted, A. reserving ten per cent, from each payment until the whole work shall have been inspected and accepted ; A. to have power in case ofB’s failure to perform the work faithfully, to annul the contract. The reserved percentage in such event was to he forfeited. B. contracts with 0. to do the work upon like terms as existed between himself and A. C. performs a part of the work hut fails to complete it and abandons it. B. completes the work and collects the money due on the entire contract: Held, That 0. is not entitled to thé ten per cent, retained from amounts due him for work done by him under his contract with B.</p> <p>2. Where the testimony of plaintiff is that the contract upon, which he sues was made at a certain place, and in the presence of named disinterested parties, and these parties when examined deny any knowledge of such contract, plaintiff’s testimony must he rejected in the determination of the .cause.</p>