Thomas v. Woodruff

Citations

• 29 S.C.L. 148

Syllabus

<p>1. Plaintiff undertook to dig and wall a well for defendant within three weeks, for a specific sum. After commencing, he encountered difficulties in his progress, but continued to dig for nearly two months, without completing the work, when he was taken sick and left it. On leaving, on account of sickness, he said to defendant, he claimed and considered it as his job, to which the reply was, go on then, and finish it. The limitation of time within which the work was to be done, was not insisted on by defendant, at the moment of its expiration, and in three or four months, plaintiff having recovered his health, returned and offered to finish the work, but defendant declined, saying that another was then in the well digging it.</p> <p>2. There being a waiver of the limitation, as to time, plaintiff held entitled, under the circumstances, to recover upon an apportionment of his contract.</p>