James Ackroyd & Sons v. Proctor
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James Ackroyd & Sons, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Albany on the 22d day of January, 1916, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case.
1Opinion of the Court
Cochrane, J.:
On June 29, 1914, the plaintiff, a domestic corporation, entered into a written contract to provide material and labor for the roofing and sheet metal work of a theatre of the defendant in the city of Troy. The contract contained the following provisions: “Should the Contractor at anytime refuse or neglect to supply a sufficiency of properly skilled workmen, or of materials of the proper quality, or fail in any respect to prosecute the work with promptness and diligence, or fail in the performance of any of the agreements herein contained, such refusal, neglect or failure being…
2Cited by2 opinions
- Faillace v. Village of MamaroneckAppellate Division of the Supreme Court of the State of New York · 1923
- Marcucilli v. NicholsAppellate Division of the Supreme Court of the State of New York · 1949