Lennon v. . Smith
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas of the city of Yew York, entered upon an order made May 23,1888, which affirmed a judgment in favor of defendant entered upon the report of a referee.
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Appeal from judgment of the General Term of the Court of Common Pleas of the city of Yew York, entered upon an order made May 23,1888, which affirmed a judgment in favor of defendant entered upon the report of a referee. This Action was brought upon a contract between the parties, whereby the plaintiff agreed to furnish the labor and materials and build and complete a cellar upon the plaintiff’s premises at the price of thirty-five cents per cubic yard for excavation, and sixteen cents per cubic yard for walls, to be paid upon the order of the architect on completion. The contract contained…
1Opinion of the CourtBradley, J.
The plaintiff entered upon the performance of the work. And whether or not he substantially performed it depended upon other facts which the referee found against the plaintiff. There were several controverted questions of fact, which it is unnecessary to specifically mention here, since there was evidence to support the facts as found by the referee; and upon them the conclusion was warranted that there was a substantial breach of the contract on the part of the plaintiff available to defeat a recovery by him. (Smith v. Brady, 17 N. Y. 173.) But having determined that the defendant was…
2Cases cited2 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Walker v. . MillardNew York Court of Appeals · 1864
3Cited by8 opinions
- Fidelity & Deposit Co. v. RobertsonSupreme Court of Alabama · 1902
- Garey v. City of PascoWashington Supreme Court · 1916
- Burgie v. HicksDistrict Court, N.D. New York · 1913
- Schwartz v. KuhnNew York Supreme Court · 1911
- Schulze v. FarrellAppellate Division of the Supreme Court of the State of New York · 1910
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