Ward v. Hudson River Building Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme-Court in the second judicial department,' made February 13, 1889, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term and granted a new trial. The plaintiff was a contractor and builder and entered into-contracts with the defendant for the erection of certain houses.
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Appeal from order of the General Term of the Supreme-Court in the second judicial department,' made February 13, 1889, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term and granted a new trial. The plaintiff was a contractor and builder and entered into-contracts with the defendant for the erection of certain houses. By this action he seeks to be relieved from what he terms the. penalty contained in his contracts, and to recover from the defendant a certain amount of money withheld by it. Each of the original building agreements…
1Opinion of the CourtGray, J.
The appellant seeks to excuse the failure to perform his agreement and to be legally absolved from the pecuniary loss consequent thereupon, by invoking the application of an equitable rule which relieves from a penalty and from forfeiture, whenever performance has been rendered impossible by the act of God; by which expression he characterizes the storms and atmospheric disturbances, in the state of New York and elsewhere, which set in about March 12, 1888, and were popularly described as “ The Blizzard.” We do not think,, however, that this is a case for equitable relief, or for any such…
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