Gerisch v. Herold
Supreme Court of New Jersey
On error to the Supreme Court, whose opinion is reported in 52 Vroom 171. The plaintiff agreed to erect and finish, a house in a good, workmanlike and substantial manner under the direction of Joseph Turek, architect, to be testified by a writing or certificate under the hand of Turek, and also to find and provide good, proper and sufficient materials for completing and finishing all the work.
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On error to the Supreme Court, whose opinion is reported in 52 Vroom 171. The plaintiff agreed to erect and finish, a house in a good, workmanlike and substantial manner under the direction of Joseph Turek, architect, to be testified by a writing or certificate under the hand of Turek, and also to find and provide good, proper and sufficient materials for completing and finishing all the work. The defendant agreed to pay for the same in four payments, the last of which, $3,000, was to be made when all the work was completed according to the plans and specifications to the satisfaction of the…
1Opinion of the Court
The opinion of the court was delivered by
Swayze, J.
Contracts requiring the work to be satisfactory to the employer are valid. Gwynne v. Hitchner, 37 Vroom 97. This decision has been approved in this court in a, suit involving the same contract. Gwynne v. Hitchner, supra. A distinction is sometimes made between cases where the fancy, taste, sensibility or judgment of the promisor are involved, and cases where only operative fitness or mechanical utility is involved. 9 Cyc. 618. Gwynne v. Hitchner was a case of the former class, and although the case of a building contract is somewhat…
2Cases cited4 opinions
- Hawkins v. GrahamMassachusetts Supreme Judicial Court · 1889
- Doll v. . NobleNew York Court of Appeals · 1889
- Chism v. SchipperSupreme Court of New Jersey · 1888
- Welch v. Hubschmitt Building & Woodworking Co.Supreme Court of New Jersey · 1897
3Cited by8 opinions
- Ringwood Assocs., Ltd. v. Jack's of Route 23, Inc.New Jersey Superior Court Appellate Division · 1977
- Southern, School Buildings, Inc. v. Loew Electric, Inc.Indiana Court of Appeals · 1980
- Fitzmaurice v. Van Vlaanderen MacH. Co.New Jersey Superior Court Appellate Division · 1970
- OK Johnson Electric, Inc. v. HESS-MARTIN CORPORATIONSupreme Court of Kansas · 1970
- Dewar v. TaylorIdaho Supreme Court · 1926
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