(Download) "Robert Harrington v. Leslie T. Mccarthy" by Supreme Court of Idaho No. 9831 # eBook PDF Kindle ePub Free
eBook details
- Title: Robert Harrington v. Leslie T. Mccarthy
- Author : Supreme Court of Idaho No. 9831
- Release Date : January 28, 1966
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Robert Harrington, respondent herein, initiated proceedings in the district court, Nez Perce County, to foreclose a materialman's lien for work and materials furnished in the construction of a home in Lewiston for Leslie T. and V. Leone McCarthy, husband and wife, appellants herein, for which payment had not been received. The contract between the parties provided that Harrington would construct the house for $26,000.00 and that where the owners (McCarthy and wife) ordered in writing changes in the work, the contract sum would be adjusted accordingly, but that all claims for extra costs must be made in writing before executing the work involved. The district court found that the specifications and plans for the construction of the house were changed and that the respondent performed work and installed materials in addition to those shown in the original plans and specifications at the special instance and request of the appellants, either directly or by and through their authorized agent (Parr, the architect), for which the respondent was entitled to be reimbursed in the sum of $1,147.55 for the reasonable value of the extra work involved. However appellants contend that no written claim for extra work in the sum demanded by respondent was made in accord with the stipulation entered into by the parties, that such provision was never waived, and therefore recovery for such extra costs as were incurred was, for that reason, precluded. The provision in the contract material to the litigation between the parties at bar is article 8 of that contract and is as follows: