Parke v. Franco-American Trading Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, made April 4,1887, which ■overruled plaintiffs’ exceptions, ordered to be heard in the first instance at General Term, and denied a motion for a new trial. This action was brought to recover a balance alleged to be due upon a contract between the parties, the substance of which, as well as the material facts, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, made April 4,1887, which ■overruled plaintiffs’ exceptions, ordered to be heard in the first instance at General Term, and denied a motion for a new trial. This action was brought to recover a balance alleged to be due upon a contract between the parties, the substance of which, as well as the material facts, are stated in the opinion. Defendant, by insisting upon going on with the contract, waived any general defense arising out of the former fault. (Murphy v. Buckman, 66 N. Y. 297; Cohen v.…
1Opinion of the CourtPotter, J.
The agreement of the 1st of June, 1883, between the parties, by which the plaintiffs agreed to furnish and prepare materials for the construction of and to erect one hundred and twelve buildings along the line of the proposed Panama canal, for $163,000, was so modified by contract of December 18, 1883, as- to release the plaintiffs from their undertaking to erect the buildings, and the consideration of performance on their part of the contract so modified was reduced to $113,000. With a view to the observance of the provisions of the contract relating to the quality and character of the…
2Cases cited2 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Avery v. . WillsonNew York Court of Appeals · 1880
3Cited by8 opinions
- Town of Tonawanda v. Stapell, Mumm & Beals Corp.Appellate Division of the Supreme Court of the State of New York · 1934
- United States ex rel. Hudson River Stone Supply Co. v. MolloyCourt of Appeals for the Second Circuit · 1906
- Bailey v. Elm City Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Brady v. CassidyNew York Court of Common Pleas · 1894
- Hall v. New Hartford Canning Co.Appellate Division of the Supreme Court of the State of New York · 1912
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