Sarrazin v. Alfred A. Adams & Co.

Citations

• 110 La. 124
• 34 So. 301
• 1902 La. LEXIS 187

Syllabus

<p>BUILDING CONTRACT — PERFORMANCE—DELAY —ESTOPPEL—DAMAGES.</p> <p>1. In matter of the execution of a building contract the defendant builders are liable for failure in not following plans and specifications.</p> <p>2. Although the building was incomplete, the plaintiff chose to go into possession and remain in possession while the builders were at work.</p> <p>Plaintiff is estopped from recovering for delay in delivering the property as claimed.</p> <p>3. The failure to build according to the contract and plans and specifications of the builders to the extent shown was an open and active violation of the contract.</p> <p>4. Part of the material and workmanship were not what they should have been under the terms of the contract and the plans and specifications annexed. '</p> <p>5. The balance due by the owner to the builders is deducted, and demand for the same is rejected. The amount allowed to plaintiff in addition to this balance is disallowed.</p> <p>(Syllabus by the Court.)</p>