Spence v. Ham
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Albert W. Ham, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the. county of Rensselaer on the 30th day of December, 1896, upon the report of a referee.
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Appeal by the defendant, Albert W. Ham, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the. county of Rensselaer on the 30th day of December, 1896, upon the report of a referee. The action was brought to recover an alleged balance of §1,400 npon a contract, in writing, by which the plaintiff agreed to do all the woodwork and furnish all the materials therefor, in erecting and finishing a brick dwelling house for the defendant in Lansing-burgh, N. Y., in accordance with certain plans and specifications, for §3,900, which defendant agreed…
1Opinion of the Court
Landon, J.:
It is difficult to agree with the learned referee’s finding, that “ the plaintiff substantially performed all the conditions of said contract by him to be performed,” except in point of time. The referee finds that failure of performance as to the time of the completion of the contract was not plaintiff’s fault. We think this finding was permissible upon the evidence.
The referee, however, finds that “ there were slight omissions and deviations in the performance of the contract and specifications by the plaintiff from the strict letter of the contract, but thac such omissions and…
2Cases cited3 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Woodward v. . FullerNew York Court of Appeals · 1880
- Glacius v. . BlackNew York Court of Appeals · 1876
3Cited by10 opinions
- Cawley v. . WeinerNew York Court of Appeals · 1923
- Easthampton Lumber & Coal Co. v. WorthingtonNew York Court of Appeals · 1906
- Gompert v. HealyAppellate Division of the Supreme Court of the State of New York · 1912
- Mississippi Shipbuilding Corp. v. . Lever Bros. Co.New York Court of Appeals · 1923
- Holl v. LongNew York Supreme Court · 1901
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