Stewart Howell v. . Keteltas
New York Court of Appeals
Appeal from a judgment of the Superior Court of the city and county of New York, rendered at General Term, affirming a judgment for $3,958.99 entered upon a verdict rendered on trial in that Court before Mr. Justice Bosworth and a jury. The action was brought by the Plaintiffs to recover of the Defendant the last instalment on a building contract, and for certain extra work.
Read the full summary
Appeal from a judgment of the Superior Court of the city and county of New York, rendered at General Term, affirming a judgment for $3,958.99 entered upon a verdict rendered on trial in that Court before Mr. Justice Bosworth and a jury. The action was brought by the Plaintiffs to recover of the Defendant the last instalment on a building contract, and for certain extra work. The contract is under seal and executed between the parties, and contains an agreement on the part of the Plaintiffs that they will, on or before the first day of February, 1860, well and sufficiently erect and finish the…
1Opinion of the CourtScrugham, J.
The written contract between the parties expresses an agreement on the part of the Plaintiffs to erect and finish the new building therein referred to agreeably to the drawings and specifications made by the Defendant’s architect, and signed by the parties. It is apparent, from an examination of the specifications, that the only work and materials which the Defendants were to do and furnish toward the erection of the building were the mason and blacksmithing work, and that other work and materials were necessary to its erection and completion. It also appeared in evidence that cai’penters…
2Cases cited3 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Lattimore v. HarsenNew York Supreme Court · 1817
- Smith v. BriggsNew York Supreme Court · 1846
3Cited by45 opinions
- Rogers v. Rogers & BrotherMassachusetts Supreme Judicial Court · 1885
- Jefferson Hotel Co. v. BrumbaughCourt of Appeals for the Fourth Circuit · 1909
- Brown v. AguilarCalifornia Supreme Court · 1927
- Weeks v. . LittleNew York Court of Appeals · 1882
- Abbott v. DoaneMassachusetts Supreme Judicial Court · 1895
40 more not listed; retrieve them via the Exa API.