Weis v. Devlin

Citations

• 67 Tex. 507
• 3 S.W. 726
• 1887 Tex. LEXIS 915

Syllabus

<p>l. Builders’ Risks—Negligence.—A builder is not required to protect himself against loss by fire by insuring the property of another, which he is constructing or repairing; and, if a fire occurs and destroys the structure during the progress of the work, his failure to do so will not be regarded as negligence.</p> <p>3. Builders’ Contract.—If one undertakes to furnish the material and build a house for another, to be paid for when the work is complete, and the structure is destroyed by fire during the progress of the work, without fault of either party, the builder can not recover for the material furnished and labor performed.</p> <p>3. Same.—If, however, the contract be for the builder to furnish material and perform labor in altering a structure already erected, according to-specifications agreed on, there being no agreement as to when payment should be made, and, without fault of either contracting party, the structure itself is destroyed by fire when the work of altering has been but partially performed, the rule is otherwise. Under such circumstances the owner must pay the builder a full compensation for the work done and material furnished before the fire. Qucere, whether this rule' would be applied if the owner should reconstruct the house as it was. before the remodeling under the contract began, and then demand of the builder to comply with his contract.</p> <p>4. Oases Cited and Reviewed.—Hollis v. Chapman, 36 Texas, 1; Cleary v. Sohier, 120 Massachusetts, 210; Lord 'v. Wheeler, 1 Gray, 282; Wells v. Calnan, 107 Massachusetts, 514; Carroll v. Welch, 26 Texas, 149, and Gonzales College v. McHugh, 21 Texas, 257, cited and reviewed.</p>