[DOWNLOAD] "Strickland v. Hetherington" by Court of Criminal Appeals of Oklahoma ~ Book PDF Kindle ePub Free
eBook details
- Title: Strickland v. Hetherington
- Author : Court of Criminal Appeals of Oklahoma
- Release Date : January 24, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
2 Plaintiff and defendant entered into a contract whereby the defendant was to construct a house for plaintiff according to certain plans and specifications on a turnkey basis for a fixed sum. Plaintiff was to advance payments to defendant as the building progressed in order that defendant may pay for material as purchased. During the building of said house the parties from time to time agreed to make certain changes desired by the plaintiff, which entailed additional expense. Upon completion of the work there were outstanding bills for material in excess of $3,500 which had not been paid by defendant, and plaintiff had to pay in order to avoid a lien upon his house. It is the contention of plaintiff, and he so testified, that the note sued upon, which was in the sum of $3,500 was executed in consideration of the amount the defendant owed him for advancements which were not applied upon materials. It is the contention of the defendant, and he so testified, that the note was executed by him in favor of plaintiff in consideration of a promise to take him in on an extensive building program and permit him to supervise said building program at a fixed salary plus a percent of the net profits, and that the net profits were to be applied on the note until paid. Defendant also testified that plaintiff carried out his plans for the building program, but failed to use him as agreed, and that by such failure there was no consideration for the execution of the note.