Neher v. Viviani

Citations

• 15 N.M. 460
• 110 P. 695

Syllabus

<p>SYLLABUS.</p> <p>1. Upon evidence of extrinsic facts showing uncertainty as to time of- completion, it was a question of, fact for the jury whether or not the building was completed within a reasonable time.</p> <p>2. Use of the words- “extravagant and - unnecessary,” in an instruction-, as to the cost of a building, is supported by evidence disclosing that in the accounts- submitted to show that the value of the building was $30,000, as required by tbe contract, numerous charges were included which had no relation to the construction of the building, such, for instance, as printing tickets, court costs, hack fare.</p> <p>3. The “piano, furniture, carpets and similar articles, movable and practically as well adapted to use elsewhere,” cannot be said to be a necessary part of a theater building.</p> <p>4. A written agreement is for the court to construe and not for the jury.</p> <p>5. Requested instructions referring to furniture and appointments, which ignore the distinction drawn as to whether or not they were of a fixed and permanent nature or movable, declared incorrect upon the question of the value of the building.</p> <p>6. Receipts are not the best evidence that the articles, for which they weré supposed to represent payment, were used in the construction of a building and formed a legitimate part of its alleged cost.</p> <p>7. Assignments of error must be specific.</p>