Monson

Monson v. Fischer

Good Law
118 Cal. App. 503·1931 Cal. App. LEXIS 193·5 P.2d 628
Court of Appeal of CaliforniaNovember 24, 1931Docket No. 7457.California6,165 words

Opinion

Lead Opinion

Respondents, herein called the contractors, recovered judgment against appellant in the sum of $45,544.69 as damages for the alleged breach of a contract for the construction of a four-story concrete building. It was alleged that the contractors were prevented from com pleting the structure, and the judgment included the value of its partial construction with interest thereon, and the estimated loss of profits. Reversal is sought on the ground that the judgment and findings are unsupported.

The contract price was $124,175. The structure was designed to carry two additional stories and had been leased in advance for factory purposes. The contract required the contractors to furnish the materials and perform the work in accordance with certain plans and specifications which were prepared by appellant’s architect. The contract consisted of two documents, one entitled “Articles of Agreement”, which was a printed form containing certain typewritten stipulations; the other, designated as the “Specifications”, was entirely typewritten, was annexed to the articles of agreement, and by reference made a part thereof.

The specifications with respect to the concrete, so far as the same are…

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