Contracts Keyed to Dawson
Carroll v. Bowersock
Pursuant to the contract to construct a reinforced concrete floor in the Defendant’s warehouse, the Plaintiff had removed the old floor, put in concrete footings, built wooden forms for concrete pillars to support the floor, and installed reinforcing rods in these columns. The warehouse was then destroyed through the fault of neither party, and the Plaintiff sued to recover his performance prior to the fire. The trial court permitted recovery for substantially what had been done by way of performance before the fire.
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