This section contains the nature of the case and procedural background.

Leonard (D) agreed to erect a building on Stees' (P) lot. The building was built up to the third story when it fell to the ground. D began again, and the building fell down a second time. D claimed that it did the work in compliance with P's specifications, but the soil at the building site was quicksand and would not support a building. P's specifications contained no provision relating to the building's foundations. P sued, claiming that the fall of the building was due to D's negligence. P got a judgment for $5,214.80 plus interest. D appealed.

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