(DOWNLOAD) "Sterling v. Marshall Et Al. Marshall Et" by District of Columbia Court of Appeals. " eBook PDF Kindle ePub Free
eBook details
- Title: Sterling v. Marshall Et Al. Marshall Et
- Author : District of Columbia Court of Appeals.
- Release Date : January 09, 1947
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
CAYTON, Chief Judge. These are cross-appeals from a judgment for plaintiffs in an action for engineering services. For convenience the parties will be designated as they were in the trial court. Plaintiffs sued for services rendered in preparing designs and specifications, and in obtaining bids for the construction of a retaining wall on defendant's property, to correct a condition for which an existing wall had been condemned by the District Government. The suit was in three counts, each claiming $1,488.70. The first count was based on an express contract claiming ten per cent of $14,887; the second count was on a quantum meruit for services performed and the third was for damages for repudiation of the contract. 1 The agreement between the parties provided for a fee to plaintiffs of ten per cent of the cost of the construction work; two-thirds to be payable when the building permit was issued and the remainder when the work was completed. Testimony of Mr. Gongwer, one of the plaintiffs, was substantially as follows: that he was consulted by defendant who told him that part of the retaining wall surrounding her home had been condemned by the District Government, and that she wished the wall repaired in order to satisfy the requirements of the building department; that he designed plans for a wall and presented them to defendant for her approval; that he sent out requests for bids to five contractors, of whom only two responded. One bid was for $29,100 and the other for $11,207; that defendant thought both of the bids were too high; nevertheless she said she wanted certain changes in the plans; that plaintiffs made such changes and based upon them received a new bid for $14,887. This bid, the contractor specified, would be good for only fifteen days. Defendant did not accept the bid within that time and plaintiffs heard nothing from her until they billed her for a payment on account some weeks later. Plaintiffs admitted that the plans designed by them were not for the cheapest construction which would enable the wall to pass inspection. Also, it was not disputed that plaintiffs rendered no service by way of supervising the actual construction. On the other hand it was also not disputed that defendant had, without the knowledge of plaintiffs, contracted with Segreti Brothers, a firm of her own selection, for the construction of a wall and that this work was done for $4,700 and passed the District inspection.
 "Sterling v. Marshall Et Al. Marshall Et" by District of Columbia Court of Appeals. " eBook PDF Kindle ePub Free){kind=link}