Spears v. Durant
Spears v. Durant
Opinion of the Court
The opinion of the Court was de- ■ livered by .
This is an action for the enforcement of a mechanics lien. His Honor, the presiding Judge, made certain rulings, which are set forth in the following exceptions :
“I. His Honor, Judge Klugh, erred in charging the jury as follows: Tf the plaintiff actually performed the contract, and did) it in a reasonable time, that meets all the obligations he made and fixed the liability of the defendant to pay.’ This charge was directly on the facts of the case.
“II. His Honor erred in charging the jury as follows: ‘But in this case there is nothing alleged that there was any time limit fixed beyond which the plaintiff would forfeit anything for each day the building remained1 unfinished, and therefore there is no such thing as liquidated damages in this case.’
“HI. He erred in charging the jury the following propositions, submited to the Court by the plaintiff’s counsel: ‘There being no evidence in this case to- show that there was any agreement as to liquidated damages in case of delay in the construction of the building, even if the jury find that there was delay in the construction, damages for delay cannot be set up against the plaintiff’s claim.’ ‘If the jury find from the evidence that there was no agreement as to liquidated damages in case of delay in the construction of the building, even if they find that there was delay m the construction, they cannot set this up against the claim of the plaintiff.’ ”
It is the judgment of this Court, that the judgment of the Circuit Court be reversed.
Reference
- Full Case Name
- Spears v. Durant.
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. An Exception stating an excerpt from the charge in which it clearly appears that it was intended to present only a single proposition, is not too general. 2. Liquidated Damages — Mechanic’s Lien. — Defendant in action to enforce mechanic’s lien may set up defense of unliquidated damages for failure to complete work in proper time without provision in contract as to liquidated damages in case of delay in construction.