Legal Opinion

Monmouth Park Ass'n v. Wallis Iron Works

Supreme Court of New Jersey

Decided November 15, 1892PublishedCited by 28 opinions

The plaintiff brought an action, in the Supreme Court against the defendant to recover $6,384.66 and interest, as a final balance for work done chiefly under a sealed contract between them, providing for the construction of a grand stand at the Monmouth Park race course. The present writ of error is prosecuted by the defendant to review questions of law raised at the trial in the Hudson Circuit.

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The plaintiff brought an action, in the Supreme Court against the defendant to recover $6,384.66 and interest, as a final balance for work done chiefly under a sealed contract between them, providing for the construction of a grand stand at the Monmouth Park race course. The present writ of error is prosecuted by the defendant to review questions of law raised at the trial in the Hudson Circuit. The following is a copy of the. contract: “Articles of agreement made and concluded this first day of October A. D. 1889 by and between the Wallis Iron Works a corporation of New Jersey of the first…

1Opinion of the Court

The opinion of the court was delivered by

Dixon, J.

The first exception to be considered took its-rise from the fact that the structure was not completed within the time limited by the contract, nor' until ninety-four days- ■ after the expiration of a month’s extension of that time. The-defendant claimed a deduction or set-off of $100 for each day’s-delay.

The plaintiff met this claim by insisting that the clause in> the contract mentioning the $100 per day is unintelligible andi *140therefore nugatory, because in its opening line it reads: “ In case the said party of the first part shall * * * to…

2Cases cited3 opinions

  1. Ward v. Hudson River Building Co.New York Court of Appeals · 1891
  2. Malone v. PhiladelphiaSupreme Court of Pennsylvania · 1892
  3. Muldoon v. LynchCalifornia Supreme Court · 1885

3Cited by28 opinions

  1. Wasserman's Inc. v. Township of MiddletownSupreme Court of New Jersey · 1994
  2. Westmount Country Club v. KamenyNew Jersey Superior Court Appellate Division · 1964
  3. United States v. Le Roy Dyal Co., IncCourt of Appeals for the Third Circuit · 1950
  4. JL Davis & Associates v. HeidlerNew Jersey Superior Court Appellate Division · 1993
  5. Nusbaum v. Hartford Fire Ins.Supreme Court of Pennsylvania · 1923

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