103 Ga. 327 | Ga. | 1898
The plaintiff entered into a contract with the defendant, whereby the former undertook to construct for the latter “ all the work included in the carpenter-work labor only on houses No. 1, No. 2, No. 3 and No. 4, on Highland and East avenues and Garfield place, Atlanta, Ga., according to plans and specifications for said houses,” made by a named architect; the defendant to “proceed with said work and every part and detail thereof in a prompt and diligent manner, and shall wholly finish the said work according to the drawings and specifications. . . The sum to be paid by the owner [defendant] to the contractor [plaintiff] for the said work only shall be $380.00 for No. 1 house; $407.00 for No. 2 house; $476.00 for No. 3 house, and $380.00 for No. 4 house; a total of $1,643.00 for the four houses. . . Such sums shall be paid by the owner to the contractor during the progress of the work on estimates made by the architect, which at no time shall exceed 75 per cent, of amount of work accepted by the architect. . . Said owner hereby promises and agrees with the said contractor to employ and hereby employs him to provide the labor and do the said work according to the terms and conditions herein contained and referred to, for the price aforesaid,” etc.
Affirmed.