Dunn v. . Steubing
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made November 25, 188Y, which affirmed a judgment in favor of plaintiff entered upon a verdict, and affirmed an order denying a motion for a new trial. This was an action to recover a balance claimed to- be due upon a contract.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made November 25, 188Y, which affirmed a judgment in favor of plaintiff entered upon a verdict, and affirmed an order denying a motion for a new trial. This was an action to recover a balance claimed to- be due upon a contract. December 11, 1882, the parties executed a written contract by which the plaintiff promised to excavate and remove the rock and earth to the level of the street curb' from four city lots before August 1, 1883, for a certain price per cubic yard, which the…
1Opinion of the Court
Follett, Ch. J.
The sum earned by the plaintiff in excavating and removing material at the price per yard agreed on was $14,476 and he had been paid $12,363.66, leaving $2,112.34, which he seeks to recover in this action. The defendant insists that the plaintiff’s failure to perform the work within the time limited, is a defense to the plaintiff’s claim, and that by reason of the failure, he is entitled to recover damages to the amount of $2,400 at the rate of $600 per month for the loss of the use of the property.
The trial court instructed the jury:
“ I charge you that before the plaintiff can…
2Cases cited3 opinions
- Jewell v. SchroeppelNew York Supreme Court · 1825
- Gallagher v. . NicholsNew York Court of Appeals · 1875
- Lawrence v. DaleNew York Court of Chancery · 1817
3Cited by39 opinions
- Blish v. Thompson Automatic Arms Corp.Supreme Court of Delaware · 1948
- Toplitz v. . BauerNew York Court of Appeals · 1900
- Clark v. . WestNew York Court of Appeals · 1908
- Richard Deeves & Son v. Manhattan Life InsuranceNew York Court of Appeals · 1909
- Losei Realty Corp. v. City of New YorkNew York Court of Appeals · 1930
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