Byron v. . Low
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of Yew York, entered upon an order made January 8, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict and an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of Yew York, entered upon an order made January 8, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict and an order denying a motion for a new trial. This action was brought to recover the balance alleged to-be due and unpaid for work done under a contract between the parties, and damages for loss of profits on work covered by the contract, which plaintiff alleged he was prevented from doing by defendant. Defendant having entered into a contract with the Yew York and…
1Opinion of the CourtFinch, J.
We are unable to deny the force of several propositions relied upon by the appellant. By the terms of the contract the chief engineer of the Construction Company was made the arbitrator between the parties to settle all differences arising out of the contract, to estimate the quantities and amounts of the several kinds of work and make monthly certificates for the same, reserving ten per cent thereof. The final payment to be made was provided for in these words: “ But in case of the full completion of said work by the party of the first part, then, and upon the final estimate thereof by the…
2Cases cited3 opinions
- President of Delaware & Hudson Canal Co. v. Pennsylvania Coal Co.New York Court of Appeals · 1872
- McMaster v. . the State of New YorkNew York Court of Appeals · 1888
- Quinn v. . Van PeltNew York Court of Appeals · 1874
3Cited by14 opinions
- Dunbar & Sullivan Dredging Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1940
- Everard v. Mayor of New YorkNew York Supreme Court · 1895
- Farjeon v. FoggNew York Supreme Court · 1896
- O'Brien v. Mayor of New YorkNew York Circuit Court · 1891
- Byron v. BellNew York Court of Common Pleas · 1890
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