Legal Opinion
Walsh v. Howard & Childs
Appellate Terms of the Supreme Court of New York
Decided December 15, 1908PublishedCited by 2 opinions
Appeal hy the defendant, Ghilde H. Childs, individually, and as a member of the firm of Howard & Childs, from a judgment of the Municipal Court of the city of ¡New York, sixth-district, borough of -Manhattan, rendered in favor of the plaintiffs. The suit was discontinued as against the other defendant sued as “ Howard & Childs.”
1Opinion of the CourtFord, J.
Plaintiffs were constructing and repairing a certain boiler house for the defendant, under a contract in which the following provision appears:
“ Should the owners at any time during the progress of the work request any alterations, deviations, additions or omissions on this contract, they may do so, but the same shall not in any manner vary or affect this contract or the amount to be paid to the contractor hereunder; and no claims for any payment or allowance shall be made by either party unless the order for such alterations, additions or omissions shall be signed by the owners or their…
2Cases cited1 opinion
- Gardner v. . ClarkNew York Court of Appeals · 1860
3Cited by2 opinions
- G. S. Johnson Co. v. Nevada Packard Mines Co.District Court, D. Nevada · 1920
- Society Brand Hat Co. v. Felco Fabrics Corp.District Court, S.D. New York · 1950