Hopper v. Cutting
New York Court of Common Pleas
Appeal from trial term. Action by Isaac A. Hopper against Robert Fulton Cutting and another to recover $2,160, unpaid balance on a building contract of $53,729.15. The defense was that the work was not done to the satisfaction of the architect in three particulars, viz., roof, cellar, and a portion of the sidewalk.
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Appeal from trial term. Action by Isaac A. Hopper against Robert Fulton Cutting and another to recover $2,160, unpaid balance on a building contract of $53,729.15. The defense was that the work was not done to the satisfaction of the architect in three particulars, viz., roof, cellar, and a portion of the sidewalk. The action was dismissed, on the ground that the plaintiff had failed to show substantial performance of the contract, by being unable to produce the architect’s certificate that the work was done to his satisfaction. The plaintiff appeals.
1Opinion of the Court
Daly", C. J.
This is an appeal from a judgment dismissing the complaint. The action was to recover an unpaid balance of $2,160 upon a building contract, amounting altogether to $53,729.15. The defense was that the work was not done to the satisfaction of the architect in three particulars, namely, the roof, the cellar, and the sidewalk. The complaint was dismissed, on the ground that the plaintiff had failed to show substantial performance, not having shown that the work was done to the satisfaction of the architect, and not having procured the latter’s certificate, as required by the…
2Cases cited4 opinions
- Glacius v. . BlackNew York Court of Appeals · 1872
- Phillip v. . GallantNew York Court of Appeals · 1875
- Doll v. . NobleNew York Court of Appeals · 1889
- Byron v. BellNew York Court of Common Pleas · 1890
3Cited by1 opinion
- Pollock v. Pennsylvania Iron Works Co.New York Court of Common Pleas · 1895