Standard Construction Co. v. Brantley Granite Co.

Citations

• 90 Miss. 16
• 43 So. 300

Syllabus

<p>Contracts. Performance. Acceptance by architect. Fraud. Pleading. Evidence.</p> <p>Where a contract for building material stipulated that the granite to be furnished should be satisfactory to the supervising architect and that all not so satisfactory should be removed from the building and premises:—</p> <p>(a) An approval of the granite by the architect is a condition precedent to a recovery for its price, unless it were refused through fraud, such gross mistake as would imply bad faith or failure to exercise an honest judgment; and.</p> <p>(5) Evidence that the architect acted fraudulently, or made such mistake, is not admissible where not pleaded, although it be pleaded that the judgment of the architect was wrongful.</p>