Butler v. Tucker
New York Supreme Court
Demurrer to replication. The plaintiff declared in covenant on sealed articles of agreement, dated October 14, 1837, between the defendant of the first part and the plaintiff of the second part.
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Demurrer to replication. The plaintiff declared in covenant on sealed articles of agreement, dated October 14, 1837, between the defendant of the first part and the plaintiff of the second part. The plaintiff covenanted to furnish all and singular the granite required for a certain building to be called the Feake and Watts Orphan Asylum, to be erected at Bloomingdale, in the 12th ward of the city of New-York, agreeable to the plans and the following specifications, to wit, &c. (giving the specifications,) the whole to be of the best equality of Connecticut granite, at least equal to the…
1Opinion of the Court
By the Court,
Bronson, J.
Without noticing other points which arise out of these pleadings, it is very evident that the plaintiff is unwilling to make, and go to trial on an ‘averment that he has per- [ *449 ] formed his part of the contract to the satisfaction of the building committee. It seems probable that the defendant, as, a builder; had .contracted to furnish the materials and put up the walls qf this -public building, to the satisfaction of a committee appointed by the founders of the charity ; and as he was bound himself to submit to the decision of an umpire, he adopted the prudent course…
2Cases cited1 opinion
- United States v. RobesonSupreme Court of the United States · 1835
3Cited by11 opinions
- Wyckoff v. . MeyersNew York Court of Appeals · 1870
- Church v. ShanklinCalifornia Supreme Court · 1892
- Hoffman v. GallaherNew York Court of Common Pleas · 1875
- Snaith v. SmithNew York Court of Common Pleas · 1894
- J. R. Meyers & Co. v. Pacific Construction Co.Oregon Supreme Court · 1891
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