Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 33 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1839 edition. Excerpt: ...of the district judge., "The plaintiff credits defendant with forty-four days demurrage in the completion of the work, at thirty dollars per day; the defendant claims one hundred and nine days demurrage. " The solution of this point depends upon the construction of the following clause in the contract: " ' The said undertaker binds himself to deliver said buildings, finished and complete, keys in hand, three months after the granite which is to be furnished by the said Jonau shall have been put up; and in case of delay on his part, to pay, as apenalty, to the said Jonau, his heirs and assigns, the sum of thirty dollars for each and every day of delay.' " The granite thus to be furnished is described in a contract between the defendant and Newton Richards, which is in evidence. It consisted of posts, &c. for the first floor of the block of buildings, together with sills for the whole of the windows in front, being seventy-five in number. "In said contract, Mr. Richards engages to set all the granite mentioned therein, to wit: the granite for the stores in front, to be set in all the month of December, 1836, and the door sills and window sills to be set as the walls are carried up; the payment is to be made in full when the whole is set complete, to the satisfaction of the plaintiff in the present suit. "From a comparison of this contract between the defendant and Richards, with the clause above recited, it is clear enough to my mind, that the three months allowed for the completion of the work commenced running, when the last window sill was put in its place. The defendant, however, contends, that the demurrage should count from the erection of the pillars in the first story. The only...