Wyckoff v. . Meyers
New York Court of Appeals
Appeal from an order of the General Term of the Court of Common Pleas for the city and county of New York, affirming a judgment in favor of the plaintiffs, entered upon the report of a referee. This action was commenced in the Common Pleas of the city of New York, and was tried before a referee, who decided in favor of the plaintiffs. It was to recover a balance claimed to be due upon a building contract.
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Appeal from an order of the General Term of the Court of Common Pleas for the city and county of New York, affirming a judgment in favor of the plaintiffs, entered upon the report of a referee. This action was commenced in the Common Pleas of the city of New York, and was tried before a referee, who decided in favor of the plaintiffs. It was to recover a balance claimed to be due upon a building contract. The plaintiffs, who were carpenters and builders, entered into a contract with the defendant in May, 1860, to build for him three brick stores in the city of New York, to be completed on or…
1Opinion of the Court
Earl, C.
It does not appear, from the evidence, that there were any alterations, deviations, additions or omissions from the contract, under article third of the contract; and, hence, there was no dispute as to extra work, or work omitted, to be settled as provided in article fifth. T„he work provided for in the contract was to be done under the direction and to the satisfaction of the architects. The last payment was not to be made until the plaintiffs obtained the certificate of the architects to the effect that all the work was completely finished. Both parties agreed to abide by the…
2Cases cited1 opinion
- Butler v. TuckerNew York Supreme Court · 1840
3Cited by29 opinions
- Glacius v. . BlackNew York Court of Appeals · 1872
- Getchell & Martin Lumber & Manufacturing Co. v. Peterson & SampsonSupreme Court of Iowa · 1904
- St John's College v. . &198tna Indemnity Co.New York Court of Appeals · 1911
- Davis v. Badders & BrittSupreme Court of Alabama · 1891
- Southern Manufacturing Co. v. R. L. Moss Manufacturing Co.Court of Appeals of Georgia · 1913
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