McGinley v. Hardy

Citations

• 18 Cal. 115

Syllabus

<p>Plaintiff sues for balance due on a contract for erecting a building and a small sum for extra work. Defendant seeks to offset a claim for two and one-third months’ rent lost by him, because of the neglect of plaintiff to finish the building within the time specified in the contract, defendant having, at the date of the contract, leased the building to responsible tenants, the lease to take effect from the time named in the contract for its completion: Held, that defendant cannot offset his rents, because the circumstances show that the contract was modified by the parties as to the time for the completion of the building.</p>