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Contracts Keyed to Marshall
Jacob & Youngs v. Kent
Citation:
129 N.E. 889 (1921)ProfessorMelissa A. Hale
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Facts
The plaintiff built a country residence for the defendant at a cost of upwards of $77,000. The work of construction ceased in June, 1914, and the defendant then began to occupy the dwelling. One of the specifications for the plumbing work provides that – All wrought-iron pipe must be well galvanized, lap welded pipe of the grade known as “standard pipe” of Reading manufacture. The defendant learned in March, 1915, that some of the pipe, instead of being made in Reading, was the product of other factories. The plaintiff was accordingly directed by the architect to do the work anew. The plumbing was then encased within the walls except in a few places where it had to be exposed. Obedience to the order meant more than the substitution of other pipe. It meant the demolition at great expense of substantial parts of the completed structure. The plaintiff left the work untouched, and asked for a certificate that the final payment was due. Refusal of the certificate was followed by this suit.
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