O'Keeffe v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate, Division of the Supreme Court in the first judicial department, entered June 24, 1902, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so-far as material, are stated in the opinion. There was no unqualified covenant to repair.
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Appeal from a judgment of the Appellate, Division of the Supreme Court in the first judicial department, entered June 24, 1902, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so-far as material, are stated in the opinion. There was no unqualified covenant to repair. (Graves v. Deterling, 120 N. Y. 447.) The repair clauses are to bo construed as covenants in the nature of a warranty, and not as conditions precedent. [MacK. F. S. Co. v. Mayor, 160 N. Y. 72; Gilliam v. Brown, 116 Cal.…
1Opinion of the CourtWerner, J.
The single question presented by this appeal arises upon the construction of the “ maintenance ” clause of the contract upon which this action is brought. On the 26th of December, 1890, the Matt Taylor Paving Company entered into a contract with the defendant to pave with asphalt the carriageways of Sixty-sixth and Sixty-seventh streets from Lexington avemie' to Third avenue in the borough of Manhattan, city of Mew York. The contract provided for the payment by the defendant to said contractor of 70 per cent of the contract price within 30 days after the completion of the work and the…
2Cases cited1 opinion
- Dady v. . O'RourkeNew York Court of Appeals · 1902
3Cited by7 opinions
- Asphalt Paving & Contracting Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
- American Pipe & Construction Co. v. Westchester CountyCourt of Appeals for the Second Circuit · 1923
- Mack Paving Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1911
- Price v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
- City of New York v. Sicilian Asphalt Paving Co.Appellate Division of the Supreme Court of the State of New York · 1911
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