Heckmann v. . Pinkney
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 Hew York, affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 8 Daly, 466.) The nature of the action and the facts appear sufficiently in the opinion. A substantial compliance by a contractor with the terms of a contract is not sufficient, when the work is conceded to be incomplete.
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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 Hew York, affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 8 Daly, 466.) The nature of the action and the facts appear sufficiently in the opinion. A substantial compliance by a contractor with the terms of a contract is not sufficient, when the work is conceded to be incomplete. (Tompkins v. Dudley, 25 N. Y. 273.) Even if the contractor has been induced by the owner to omit performance within the time limited, he would be required to…
1Opinion of the CourtEarl, J.
This is an action to foreclose a mechanic’s lien under the act chapter 379 of the Laws of 1875. The defendant was the owner of the premises situate m the city of Hew York, against which it is sought to enforce the lien, and in June, 1876, he contracted with one Gessner to make certain alterations and repairs in and additions to such premises, for which he agreed to pay him the sum of $5,000. At the time of making the contract, Gessner occupied certain premises of defendant under a lease, and the rent which should fall due for such premises before the completion of the contract, was to be…
2Cases cited4 opinions
- Glacius v. . BlackNew York Court of Appeals · 1872
- Woodward v. . FullerNew York Court of Appeals · 1880
- Dexter & Limerick Plank Road Co. v. AllenNew York Supreme Court · 1852
- Farr v. BrackettSupreme Court of Vermont · 1857
3Cited by77 opinions
- The People v. . JaehneNew York Court of Appeals · 1886
- Spence v. . HamNew York Court of Appeals · 1900
- Anderson v. . AndersonNew York Court of Appeals · 1889
- Sipley v. StickneyMassachusetts Supreme Judicial Court · 1906
- Horton v. . CantwellNew York Court of Appeals · 1888
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