Hurd v. Johnson Park Inv. Co.
The Superior Court of the City of New York and Buffalo
Appeal from trial term. Action by Harvey J. Hurd and another against the Johnson Park Investment Company and others. There was a judgment in favor of plaintiffs, and some of the defendants appeal. Modified.
1Opinion of the CourtHatch, J.
The defendant company contracted with one Rollins to erect for it an. apartment house for and at the agreed price of $16,500, to be paid in installments as the work progressed, in its several stages of construction; the final payment of $2,000 to be made within 30 days after the entire completion of the work. The several payments were to be made only upon the architect’s certificate that they were properly due. The contract also provided that, if required, the contractor should furnish security against mechanics’ and other liens prior to payments, by presenting the architect with a…
2Cases cited7 opinions
- Brill v. . TuttleNew York Court of Appeals · 1880
- McCorkle v. . HerrmanNew York Court of Appeals · 1889
- Lauer v. . DunnNew York Court of Appeals · 1889
- Beardsley v. . CookNew York Court of Appeals · 1894
- Crouch v. . MullerNew York Court of Appeals · 1894
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3Cited by2 opinions
- McDonald v. Village of Ballston SpaNew York Supreme Court · 1901
- Gray v. DautelCuyahoga Circuit Court · 1906