Vacuum Cleaner Co. v. Broadway Cortlandt Co.
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the Oity Court of the city of blew York, dismissing the complaint herein for failure to state a cause of action.
1Opinion of the CourtBijur, J.
The complaint alleges, in substance, that the plaintiff contracted with defendants to install a vacuum cleaner plant in a certain building, and that it should receive final payment, upon the issuance by the architect of *175a certificate that the work had been completed to his satisfaction. It then alleges that it has completed the work; that thereafter the parties agreed to make a test to ascertain whether the same fulfilled the requirement of the agreement, and such test was made and the plant “ duly complied with all the terms of the said contract;” that it then demanded the certificate from…
2Cases cited5 opinions
- Smith v. . AlkerNew York Court of Appeals · 1886
- Bowery National Bank v. Mayor of New YorkNew York Court of Appeals · 1875
- Duell v. McCrawNew York Supreme Court · 1895
- Tilden v. Buffalo Office Building Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Ross v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- Moran Bros. Contracting Co. v. City of New YorkCity of New York Municipal Court · 1935