Graham v. Borough of Etna
Supreme Court of New Jersey
On error. This action was brought to recover tho balance due on two contracts for street improvements. The defence generally was that the work had not been performed according to the contracts and specifications and non-acceptance because of defaults and defects in this particular. At the conclusion of the testimony the trial court directed a verdict for the plaintiff for the full amount due under the contracts as certified by the engineer.
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On error. This action was brought to recover tho balance due on two contracts for street improvements. The defence generally was that the work had not been performed according to the contracts and specifications and non-acceptance because of defaults and defects in this particular. At the conclusion of the testimony the trial court directed a verdict for the plaintiff for the full amount due under the contracts as certified by the engineer. Testimony offered by the defendant was also excluded on the ground that the engineer’s certificate was conclusive.
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
It was error to direct a verdict; the issues should have been submitted to the jury under proper instructions. The certificate of the engineer was not conclusive. Under the thirty-seventh clause of the contract payment is to be made upon the completion of the work, the certificate of the engineer and upon the said work being accepted by *236the mayor' and council. The certificate was not conclusive under this clause. Under the twenty-seventh clause “all material and workmanship shall be subject at all times to the inspection and supervision of…
2Cited by1 opinion
- Wheeler, Osgood Co. v. Fidelity & Deposit Co.Washington Supreme Court · 1914