# American-Hawaiian Engineering & Construction Co. v. Butler

> California Supreme Court · May 28, 1913 · 165 Cal. 497

URL: https://www.frixlaw.com/law-library/cases/3302076

## Case

- **Full name:** AMERICAN-HAWAIIAN ENGINEERING AND CONSTRUCTION COMPANY (A Corporation), Respondent, v. EMMA G. BUTLER, Defendant and Appellant; WESTERN EXPANDED METAL AND FIREPROOFING COMPANY (A Corporation), Defendant and Respondent
- **Court:** California Supreme Court
- **Decided:** May 28, 1913
- **Citations:** 165 Cal. 497; 133 P. 280; 1913 Cal. LEXIS 450
- **Precedential status:** Published
- **Opinion:** Dissent
- **Judges:** Beatty, Shaw
- **Cited by:** 46 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3302076

## Opinion text

I dissent from the order denying a rehearing. The validity of the judgment in favor of the contractor depends upon his right to rescind the written contract, and he had no right to rescind if it was not a breach of the contract on the part of Mrs. Butler to refuse payment of his demand for the August work. She had a perfect right to refuse payment of that demand if, as is conceded, there was a claim of the Western Expanded Metal and Fireproofing Co. — as subcontractor — then existing for more than the contractor's claim. And the fact that she did not put her refusal on that ground is of no consequence unless her failure to do so in some way raises an estoppel.
I cannot see that it does. *Page 521

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3302076. Public record. Not legal advice.