Noyes v. F. A. Noullet & Co.

Citations

• 118 La. 888
• 43 So. 539
• 1907 La. LEXIS 824

Syllabus

<p>1. Estoppel — Equity — Claim in Judicial Proceeding.</p> <p>When a contractor, being called into a litigation between a subcontractor and one who has undertaken work under him, to show what demands he has against the subcontractor arising out of the default of the undertaker, sets up a claim, which is made the basis of a judgment in favor of the undertaker, against the subcontractor, he. (the contractor) cannot be heard in another litigation, between him and the subcontractor, to set up a different claim, based upon the same default of the undertaker.</p> <p>[Ed. Note. — Eor cases in point, see Cent Dig. vol. 19, Estoppel, §§ 165-169.]</p> <p>2. Contracts — Action eor Breach — Amount op Recovery.</p> <p>Where, in a suit for a balance alleged to be due under a contract for work, the defendant claims a reduction on account of work done by him which he alleges the contractor should have done, and the contractor denies that his contract required him to do such work, the reduction will be allowed if it be found that the contract calls for the work.</p> <p>3. Same — Peefokmance.</p> <p>The contractor has no right to do work called for by a subcontractor, at the expense of the subcontractor, without notice to the latter.</p> <p>4. Same — Construction—Time of Performance.</p> <p>When a subcontractor is familiar with the demands of the main contract, with reference to the time within which it is to be executed, he will be held to a reasonable execution of his subcontract, considered with reference to such demands, even though his subcontract contains no stipulation as to time.</p> <p>5. Damages — Compensation—Elements.</p> <p>Wages of workmen and hire of machinery, kept idle by unreasonable delay in the execution of a subcontract, are elements to be considered in a suit by the contractor for damages; but ordinarily, a general contractor, engaged in executing, and at liberty to obtain, other contracts, cannot recover for loss of his own time in such a case, nor for alleged