Borup v. Von Kokeritz
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant Sarah E. Von Kokeritz, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 26th day of April, 1912, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 21th day of May, 1912, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, P. J.:
The plaintiff began to build a house for the defendant under a written contract, but quit the work, brought this action on a quantum meruit and recovered a verdict for his full claim. He contended that the defendant broke the contract by failure in a partial payment due under the contract. The contract provided for such payments upon certificates of the architect. When plaintiff closed his case the court expressed opinion that the plaintiff could not recover because of performance or of refusal of the architect’s certificate, as it seemed clear that plaintiff had not performed…
2Cases cited4 opinions
- Jones v. . JuddNew York Court of Appeals · 1850
- Beecher v. SchubackAppellate Division of the Supreme Court of the State of New York · 1896
- Hardiman v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1897
- Wakeham & Miller v. Roman Catholic Church of St. PaulAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by5 opinions
- Smith v. Brocton Preserving Co.Appellate Division of the Supreme Court of the State of New York · 1937
- Carlson, Holmes & Bromstad, Inc. v. M. I. Stewart & Co.New York Supreme Court · 1932
- New Jersey Shipbuilding & Dredging Co. v. Long Beach on the Ocean, Inc.District Court, E.D. New York · 1924
- Borup v. KokeritzAppellate Division of the Supreme Court of the State of New York · 1918
- General Supply & Construction Co. v. GoeletAppellate Division of the Supreme Court of the State of New York · 1924