Herrmann Grace v. . Hillman
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 17, 1910, affirming a judgment in favor of defendants, respondents, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated hi the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 17, 1910, affirming a judgment in favor of defendants, respondents, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated hi the opinion. The smn at least of $3,615 or $3,990 was actually earned on the original contract before the contractor’s default, and became subject to the liens of the lienor appellants upon the filing of the same. (Kane Co. v. Kinney, 174 N. Y. 69; Kelly v. Bloomingdale, 139…
1Opinion of the CourtChase, J.
On the 7th day of August, 1905, the board of education of the city of New York and the City of New York entered into a contract with Richard W. Hillman to erect a heating and ventilating plant in a public school building in the borough of Bronx, New York city. The contract provided among other things, as follows: “If the contractor shall well and faithfully perform and fulfill this contract, and keep every covenant on his part herein contained, the party of the first part will then, but not before, pay to the contractor the sum of $29,370.00.”
It further provided that in order to enable the…
2Cases cited1 opinion
- Fraenkel v. . FriedmannNew York Court of Appeals · 1910
3Cited by11 opinions
- Chittenden Lumber Co. v. Silberblatt & Lasker, Inc.New York Court of Appeals · 1942
- Sexauer & Lemke v. Luke A. Burke & Sons Co.New York Court of Appeals · 1920
- American Radiator Co. v. . City of New YorkNew York Court of Appeals · 1918
- Audley Clarke Co. v. W. F. Plass & Bro.New York Supreme Court · 1918
- Fred E. Gross & Son v. StateAppellate Division of the Supreme Court of the State of New York · 1925
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