Smith v. . Wetmore
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 11, 1899, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 11, 1899, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint having alleged substantial performance and having failed to allege reasons for failure to obtain the engineer’s certificate as required by the contract; and the defendants having duly objected to the, admission of all evidence offered tending to show excuses for…
1Opinion of the CourtO’Brien, J.
This was an action by a contractor to foreclose a mechanic’s lien, for the balance of the contract price alleged to be due. The only issue of fact presented by the pleadings was the performance of the contract byjhe plaintiff. Considerable proof was given upon the subject, but the learned trial court found that the plaintiff had performed the contract and that there was a balance due to him of something over-six thousand dollars. The Appellate Division affirmed the judgment and the decision of that court was unanimous. Therefore, all the disputed facts are to be taken by this court as settled…
2Cases cited8 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Weeks v. . O'BrienNew York Court of Appeals · 1894
- Burtis v. . ThompsonNew York Court of Appeals · 1870
- Bunge v. . KoopNew York Court of Appeals · 1872
- Wright v. . ReusensNew York Court of Appeals · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Gearty v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1902
- Fraenkel v. . FriedmannNew York Court of Appeals · 1910
- General Electric Co. v. National Contracting Co.New York Court of Appeals · 1904
- Grant v. Pratt & LambertAppellate Division of the Supreme Court of the State of New York · 1903
- Ivy Courts Realty Co. v. MortonAppellate Division of the Supreme Court of the State of New York · 1902
15 more not listed; retrieve them via the Exa API.