147 Mich. 139 | Mich. | 1907
January 27, 1904, plaintiff and defendant executed a written contract whereby the former agreed to do the mason work, the lathing, and plastering of a house, to be built for the latter, for the sum of $500. June 21, 1904, while the work was progressing, and after plaintiff had received $270, the parties executed another writing whereby, in consideration “of fear that the contract price * * * viz., $500.00, would not be sufficient to compensate him” (plaintiff), defendant agreed to pay plaintiff “such sum of money after the contract price is exhausted, as will insure to him after the payment of all help employed by him * * * the usual or going day wages paid to others for performing like work.” Plaintiff having completed the work brought this suit to recover compensation.
“ It isn’t a question of whether he built the building according to the contract (the original contract) * * * because that contract was waived when this (the contract of June 21st) was signed.”
It is claimed that this was erroneous, because it had a tendency to induce the jury to believe that plaintiff was not bound to comply with the original contract, whereas
No other question demands consideration.
Judgment affirmed.