New York State National Bank v. Whitehall Water Power Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Whitehall Water Power Company, Limited, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Washington-on the 10th day of July, 1913, upon the decision of the court after a trial before the court without a jury.
1Opinion of the Court
Kellogg, J.:
The plaintiff’s assignor constructed an addition to the defendant’s mill and there is unpaid on the contract price $11,618.96, for which, and for certain alleged extra work, the plaintiff seeks recovery. By the contract, dated May 3, 1905, the work was to be completed September 1, 1905, within three months and twenty-eight days. It was in fact completed July 1, 1906 — thirteen months and twenty-eight days after the date of the contract and ten months after the agreed time. The contract provided $50 per day as liquidated damages to the defendant for each day’s delay in the…
2Cited by2 opinions
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- Quinn-Meissner, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1944