Whitney Central Trust & Savings Bank v. Byrnes Realty Co.

Citations

• 11 Teiss. 164
• 1914 La. App. LEXIS 36

Syllabus

<p>Syllabus.</p> <p>After contracting companies have paved a street in accordance with thieir contract, and after the paving has been accepted by the proper authorities, and certificates for the same have been issued, it is too late for property-owners to resist payment of the certificates upon any ground of irregularity in the giving of the contract, or of variance with the petition of the property-owners, nr of change in the material used; all such objections should be made before the work is actually completed. ■ It would be against good conscience to allow property-holders to stand by and see contractors put down the paving without any objection on their part, and thus with their tacit consent, and after. the completion of the paving, which they know they are expected to pay, to refuse to pay for the same upon grounds they might have urged before the contractors had acted.</p> <p>The pavement is an improvement to the property which the owner cannot keep and not pay for, and thus enrich himself at the expense of another.</p> <p>A street .railroad company cannot be made to pay for paving along its tracks unless it has assumed the payment thereof.</p> <p>Creditors are entitled to recover of their debtors the cost of recording the instrument securing their claims.</p>