Williams v. Lewis N. Rosenbaum, Inc.

Citations

• 57 Wash. 94
• 106 P. 493
• 1910 Wash. LEXIS 702

Syllabus

<p>Damages — Contracts—Liquidated Damages — Delay in Building. A provision in a building contract for liquidated damages of $10 per day for delay in completing the building is valid, and entitles the owner to damages for such part of the delay as was not due to his fault, and is not avoided by radical alterations, where the contract made provision therefor.</p> <p>Contracts — Actions—Defenses—Issues. In an action on a building contract for a balance due, the plaintiff cannot avoid the provision for liquidated damages for delay by asserting quantum, meruit under the claim that the contract was avoided by alterations, or by the fact that the owner did not stop the work, he having pursued the remedy provided in the contract for liquidated damages.</p>