Brooklyn Savings & L. Ass'n v. Tousley

Cuyahoga Circuit Court

Brooklyn Savings & L. Ass'n v. Tousley

25 Ohio C.C. Dec. 613, 16 Ohio C.C. (n.s.) 560

DecidedMay 27, 1907

StatusPublished

This text of 25 Ohio C.C. Dec. 613 (Brooklyn Savings & L. Ass'n v. Tousley) is published on Counsel Stack Legal Research, covering Cuyahoga Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brooklyn Savings & L. Ass'n v. Tousley, 25 Ohio C.C. Dec. 613, 16 Ohio C.C. (n.s.) 560 (Ohio Super. Ct. 1907).

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Opinion

HENRY, J,

The judgment of the court of common pleas is reversed and final judgment entered for the plaintiff in error upon the conceded facts in this case. The plaintiff in error contracted in writing with the defendant in error, for the preparation of plans of a building to cost as nearly as possible $40,000. The plans as prepared were for a building that would admittedly cost $50,000. This was not in compliance with the contract, and no fees are recoverable by the architect therefor.

Reversed, and judgment for plaintiff in error.

Marvin, J., concurs.

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HENRY, J,

The judgment of the court of common pleas is reversed and final judgment entered for the plaintiff in error upon the conceded facts in this case. The plaintiff in error contracted in writing with the defendant in error, for the preparation of plans of a building to cost as nearly as possible $40,000. The plans as prepared were for a building that would admittedly cost $50,000. This was not in compliance with the contract, and no fees are recoverable by the architect therefor.

Reversed, and judgment for plaintiff in error.

Marvin, J., concurs.

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Bluebook (online)

25 Ohio C.C. Dec. 613, 16 Ohio C.C. (n.s.) 560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brooklyn-savings-l-assn-v-tousley-ohcirctcuyahoga-1907.