Smith v. Briggs
New York Supreme Court
Error, to the superior court of the city of New-York. Briggs sued Smith in the court below in covenant upon a sealed agreement dated June 27th, 1839, by which the plaintiff covenanted to perform all the carpenter’s work of three brick buildings which the defendant was then erecting “ in strict accordance and conformity in all respects with the specification for said buildings,” which was annexed, “ and in similar strict accordance and conformity with plans and drawings for…
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Error, to the superior court of the city of New-York. Briggs sued Smith in the court below in covenant upon a sealed agreement dated June 27th, 1839, by which the plaintiff covenanted to perform all the carpenter’s work of three brick buildings which the defendant was then erecting “ in strict accordance and conformity in all respects with the specification for said buildings,” which was annexed, “ and in similar strict accordance and conformity with plans and drawings for the said buildings prepared by E. J. Webb, the architect,” which work was to be completed on or before the 20th day of…
1Opinion of the Court
By the Court, Beardsley, J.
According to the contract, as set out in the second count, the receipt by the defendant of such a certificate as is mentioned in it was a condition precedent to any right to a note for the instalment now claimed, or to an action for its recovery. In this count the plaintiff has not averred that such a certificate had been made or received; but a letter, addressed by the architect to the defendant and received by him, is set out in words and figures, and which, is alleged by the pleader to be within the meaning of this covenant. But this is a question of law arising…
2Cited by28 opinions
- President of Delaware & Hudson Canal Co. v. Pennsylvania Coal Co.New York Court of Appeals · 1872
- Sweet v. . MorrisonNew York Court of Appeals · 1889
- McMahon v. . the New York and Erie Railroad CompanyNew York Court of Appeals · 1859
- Stewart Howell v. . KeteltasNew York Court of Appeals · 1867
- Smith v. GugertyNew York Supreme Court · 1848
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