Rush v. Wagner
New York City Court
Appeal from trial term. Action by Myron C. Rush against Arnold B. Wagner. There was judgment for plaintiff, and defendant appeals.
1Opinion of the CourtVan Wyck, J.
This action was brought to recover an alleged balance of $3,674 upon a building contract of $12,874. One of the defenses was that plaintiff had not performed his contract. The plaintiff had a verdict in his favor. The law is well settled in this state that, where a contractor in good faith substantially performs a building contract, he can recover the same, less the just deductions for slight or trivial defects or omissions. Crane v. Knubei, 61 N. Y. 645; Phillip v. Gallant, 62 N. Y. 264; Glacius v. Black, 50 N. Y. 145; Johnson v. De Peyster, 50 N. Y. 666; Woodworth v. Fuller 80 N. Y. 312:…
2Cases cited6 opinions
- Glacius v. . BlackNew York Court of Appeals · 1872
- Woodward v. . FullerNew York Court of Appeals · 1880
- Phillip v. . GallantNew York Court of Appeals · 1875
- Johnson v. . De PeysterNew York Court of Appeals · 1872
- Crane v. . KnubelNew York Court of Appeals · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Todem Homes, Inc. v. FreidusNew York Supreme Court · 1975