J. H. Sullivan Co. v. Wingerath
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Eastern District of New York; Thomas I. Chatfield, Judge. Action by the J. H. Sullivan Company against Charles Wingerath. Judgment for defendant on a counterclaim, and plaintiff brings error.
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In Error to the District Court of the United States for the Eastern District of New York; Thomas I. Chatfield, Judge. Action by the J. H. Sullivan Company against Charles Wingerath. Judgment for defendant on a counterclaim, and plaintiff brings error. The following statement contains the facts particularly relevant to the questions of law considered in the opinion: The plaintiff — a general contractor — had a contract with the owner of a church in Far Rockaway, Long Island, to make improvements upon the premises including the construction of concrete or granolithic sidewalks and curbs. The…
1Opinion of the CourtNoyes, Circuit Judge
(after stating the facts as above). [1] The trial court, in charging in accordance with the request of the plaintiff, correctly stated the law. The case was not one in which the necessity for, or finality of, an architect’s certificate was involved. It was simply a case in which the parties had agreed that the work should be done “to the satisfaction of the architects.” But in such a case the agreement as made must be lived up to. The question is not whether the work ought to be satisfactory but whether it is satisfactory. When parties agree that the question of the performance of a contract…
2Cited by12 opinions
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- Zumwalt v. GardnerCourt of Appeals for the Eighth Circuit · 1947
- Robinson v. United States ex rel. Brown-Ketcham Iron WorksCourt of Appeals for the Second Circuit · 1918
- Baer Bros. Land & Cattle Co. v. PalmerCourt of Appeals for the Tenth Circuit · 1946
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