Ames v. Norwich Light Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from judgment on report of referee. Action by Leonard Ames and others against the Norwich Light Company to recover balance due on contract, and action by the Norwich Light Company against Leonard Ames and others for damages for breach of the same contract. The actions were consolidated. From judgment against it, the Norwich Light Company appeals’. Beversed.
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Appeal from judgment on report of referee. Action by Leonard Ames and others against the Norwich Light Company to recover balance due on contract, and action by the Norwich Light Company against Leonard Ames and others for damages for breach of the same contract. The actions were consolidated. From judgment against it, the Norwich Light Company appeals’. Beversed. The first above entitled action was brought in June, 1895, to recover a balance due upon a contract entered into between the plaintiffs and defendant on the 30th day of April, 1894, by which the former agreed to sell, deliver, and…
1Opinion of the CourtPutnam, J.
Under the findings of the referee, there was a substantial failure on the part of the plaintiffs to perform their covenants contained in the contract under which the action was brought. The case, therefore, is not like that of Woodward v. Fuller, 80 N. Y. 312, where a contractor, who had substantially complied with the terms of a contract, was held entitled to recover, notwithstanding slight defects in the work; but more like that of Smith v. Brady, 17 N. Y. 173, in which case it was held that a contractor who has substantially failed to perform Ms contract cannot recover for what he has…
2Cases cited7 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Reed v. . RandallNew York Court of Appeals · 1864
- Woodward v. . FullerNew York Court of Appeals · 1880
- Day v. . PoolNew York Court of Appeals · 1873
- Brown v. . FosterNew York Court of Appeals · 1888
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