Wilson v. Curran
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Guernsey Curran, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Nassau on the 25th day of September, 1918, upon the report of a referee appointed to hear and determine the issues. The first cause of action stated in the complaint was to recover an amount alleged to be due upon a contract for the construction of a road by plaintiff upon defendant’s premises.
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Appeal by the defendant, Guernsey Curran, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Nassau on the 25th day of September, 1918, upon the report of a referee appointed to hear and determine the issues. The first cause of action stated in the complaint was to recover an amount alleged to be due upon a contract for the construction of a road by plaintiff upon defendant’s premises. The answer denied the performance of the contract, alleged that the plaintiff had not obtained the architect’s certificate of completion, which…
1Dissent
Putnam, J. (dissenting):
This is an instance where under the finding of “ substantial performance ” the learned referee has sought to make for the parties a new and different agreement from this written contract to build a concrete road. It contained minute and explicit provisions for excavation and removal of loam and vegetable matter to a depth .of twenty-four inches, with a filling to a subgrade laid evenly six inches below the top, which was a completed surface grade, formed from a layer of Peekskill gravel to be five and three-quarters inches thick after rolling.
In December, 1915, this…
2Cases cited3 opinions
- Witt v. GilmourAppellate Division of the Supreme Court of the State of New York · 1916
- Zimmermann v. JourgensenNew York Supreme Court · 1893
- Zimmermann v. . JourgensenNew York Court of Appeals · 1895