MacKnight Flintic Stone Co. v. Mayor of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Mayor, Aldermen and Commonalty of the City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of .the county of New York on the 16th day of October, 1896, upon the verdict of a jury rendered by direction of the court after .a trial at a Trial Term of the- Supreme Court held in and for the county of New York.
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Appeal by the defendant, The Mayor, Aldermen and Commonalty of the City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of .the county of New York on the 16th day of October, 1896, upon the verdict of a jury rendered by direction of the court after .a trial at a Trial Term of the- Supreme Court held in and for the county of New York. The action is brought upon a contract between the.plaintiff and the defendant, executed September 25,1895, whereby it .was agreed that “ The party of the second part (the plaintiff) will furnish at…
1Opinion of the Court
Barrett, J.:
It is claimed by the plaintiff that it became entitled to the contract price upon doing the work in accordance with the plans and specifications, and that, if leaks occurred within five years after completion, it simply became bound, to remedy them, without prejudice to the right to recover the agreed amount. This contention it is not *234necessary to consider, for we think it was error to take from the jury the question whether, in fact, the work done conformed to the specifications. MacKnight testified that it did, but this was merely a general statement amounting to but little more…
2Cases cited1 opinion
- Bonesteel v. . the Mayor, C., of New YorkNew York Court of Appeals · 1860
3Cited by4 opinions
- MacKnight Flintic Stone Co. v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1897
- Hunter v. SmithConnecticut Superior Court · 1939
- Horgan v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1897
- Hunter v. SmithPennsylvania Court of Common Pleas · 1939