Legal Opinion

Wagner v. Corkhill

New York Supreme Court

Decided December 1, 1862PublishedCited by 5 opinions

THIS is an action to recover money due for work done under a building contract. The defense was that the work and building were to be completed by the 1st day of December, 1860, and were not completed till March 1st, 1861. The language of the contract is : “ The party of the second part hereby covenants and agrees with the party of the first part, to do all the mason work and carpenter and joiner work required to erect, build and finish, on or before the first day of…

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THIS is an action to recover money due for work done under a building contract. The defense was that the work and building were to be completed by the 1st day of December, 1860, and were not completed till March 1st, 1861. The language of the contract is : “ The party of the second part hereby covenants and agrees with the party of the first part, to do all the mason work and carpenter and joiner work required to erect, build and finish, on or before the first day of December next, a building according to plans and specifications furnished and to be furnished.” The work was completed, so far…

1Opinion of the Court

By the Court, Johnson, J.

The referee has found as a matter of fact, that notwithstanding the extra work required by the defendant, the whole job should have been finished by the 11th of January, 1861, within the spirit and meaning of the contract, -and that it was not completed until the 15th of April, 1861.

Assuming that these findings of fact are warranted by the evidence, and also that the value of the use of the building, if it had been, or might have been rented, was $191.50 for those three months and four days, still, I am of the opinion, as the case stands upon the evidence, that…

2Cases cited1 opinion

  1. Griffin v. . ColverNew York Court of Appeals · 1858

3Cited by5 opinions

  1. C. W. Hunt Co. v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
  2. McIntire v. BarnesSupreme Court of Colorado · 1878
  3. Covode v. PrincipaalMichigan Supreme Court · 1896
  4. Eichbaum v. Caldwell Bros.Washington Supreme Court · 1910
  5. Panzieri-Hogan Co. v. BenderAppellate Division of the Supreme Court of the State of New York · 1922

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