Miller v. Ketcham
Appellate Terms of the Supreme Court of New York
Appeal from a judgment in favor of the plaintiff rendered in the Municipal Court, borough of Manhattan.
1Per curiam
The contract between Reid and the defendant provided, among other things, that the work was to be done in a good and workmanlike manner to be approved by E. K. Bourne, architect. The complaint is based on a substantial performance of the work, mentioned in the contract, by Reid, and a failure to complete the portion of the work, not completed, which failure was caused by the act of the defendant. The defendant now contends that the plaintiff cannot recover because he has failed to secure the approval of the work by the architect. We axe of the opinion that this contention is not well founded.…
2Cases cited4 opinions
- Weeks v. . O'BrienNew York Court of Appeals · 1894
- Weeks v. . LittleNew York Court of Appeals · 1882
- Elting v. DaytonNew York Supreme Court · 1892
- Elting v. DaytonNew York Supreme Court · 1893