Porter v. Swan
New York City Court
Appeal from judgment on report of referee. Action by Helen E. Porter, assignee, etc., against Alden S. Swan. From a judgment for defendant, plaintiff appeals.
1Opinion of the CourtVan Wyck, J.
There were two building contracts in writing made by Elihu Porter (the contractor and assignor of plaintiff)- with the defendant Swan, (the owner.) One was for the erection of a stable, and the other for the erection of a dwelling. Both were completed, and then taken possession of by defendant. In specifications referred to in each contract, we find this provision: “Alterations. It is understood that the owner of the building and the architect shall have the right to make any alterations, additions, or omissions of work or material herein specified or shown on the drawings during the progress…
2Cases cited2 opinions
- Smith v. . AlkerNew York Court of Appeals · 1886
- Haden v. . ColemanNew York Court of Appeals · 1878
3Cited by4 opinions
- Greenberg v. MendelsonAppellate Terms of the Supreme Court of New York · 1906
- Zimmerman v. German Evangelical Lutheran Immanuel's ChurchThe Superior Court of the City of New York and Buffalo · 1895
- McWilliams v. DawesLouisiana Court of Appeal · 1922
- Porter v. SwanNew York City Court · 1895