Curtice v. West
New York Supreme Court
Appeal from judgment on report of referee. The action was brought by H. Nelson Curtice against Amara B. West to recover for materials furnished and work performed in the construction of a hotel building for the defendant. The defendant alleged that the materials were furnished and the work done under a contract which.the plaintiff failed to perform; and that as a consequence he has sustained damages of $1,000, for which he demands judgment.
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Appeal from judgment on report of referee. The action was brought by H. Nelson Curtice against Amara B. West to recover for materials furnished and work performed in the construction of a hotel building for the defendant. The defendant alleged that the materials were furnished and the work done under a contract which.the plaintiff failed to perform; and that as a consequence he has sustained damages of $1,000, for which he demands judgment. Judgment on report for plaintiff, and defendant appeals.
1Opinion of the CourtBradley, J.
In July, 1879, the parties entered into an agreement in writing by which the plaintiff agreed to erect for the defendant a hotel building in the town of Webster, N. Y., within three months, for the sum of $3,150, payable in installments,—$1,000 when the frame was erected, $1,000 when the mason work and plastering were completed, and the balance when the entire work was finished. The defendant, as the work progressed, paid the first two installments, of $1,000 each, to the plaintiff; and on January 8, 1880, he paid him the further sum of $1,000. The referee found that the building was…
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