Schutz v. Ferguson

Citations

• 85 Md. 328
• 37 A. 211
• 1897 Md. LEXIS 65

Syllabus

<p>Contracts — Sufficiency of Evidence — Alteration in Building Contract.</p> <p>Plaintiff entered into a contract to erect a certain building, and the due performance of the contract was guaranteed by a fidelity company. He became financially embarrassed and assigned the contract to the company, which afterwards employed the defendant to complete the building. Defendant subsequently agreed with the owner to do the work in a manner substantially different from that provided for by the original contract. Plaintiff filed a bill for an account alleging that he had assigned his contract to -the company at defendant’s request, and in consideration of defendant’s promise to finish the building and pay to the plaintiff all profits made by him over and above two and one-half per cent, of the cost. Held, that the evidence failed to sustain the allegations of the bill respecting the promise of the defendant or that the assignment of his contract was made by the plaintiff upon the faith of such promise.</p> <p>A clause in a building contract providing that the architect may require any alterations in the work described in the specifications does not authorize the architect to demand that an additional number of stones be added to the building.</p>