Ames v. Norwich Light Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the Norwich Light Company, the defendant in the first ahove-entitled action and the plaintiff in the second above-entitled action, from a judgment of the Supreme Court in favor of the plaintiffs in the first above-entitled action and of the defendants in the second above-entitled action, entered in the office of the clerk of the county of Chenango on the 2d day of November, 1896, upon the report of a referee, and also from an order of the Supreme Court, made at the…
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Appeal by the Norwich Light Company, the defendant in the first ahove-entitled action and the plaintiff in the second above-entitled action, from a judgment of the Supreme Court in favor of the plaintiffs in the first above-entitled action and of the defendants in the second above-entitled action, entered in the office of the clerk of the county of Chenango on the 2d day of November, 1896, upon the report of a referee, and also from an order of the Supreme Court, made at the Madison Special Term and entered in the office of the clerk of the county of Chenango on the 2d day of November, 1896,…
1Opinion of the Court
Putnam, J.:
Under the findings of the referee there was a substantial failure on the part of the plaintiffs to perform their covenants contained in the contract under which the action was brought. . The case, therefore, is not like that of Woodward v. Fuller (80 N. Y. 312), where, a contractor who had substantially complied with the terms of a contract was held entitled to recover, notwithstanding slight defects in the work, but more like that of Smith v. Brady (17 N. Y. 173), in which case it was held that a contractor who has substantially failed to perform his contract cannot recover for…
2Cases cited7 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Reed v. . RandallNew York Court of Appeals · 1864
- Woodward v. . FullerNew York Court of Appeals · 1880
- Day v. . PoolNew York Court of Appeals · 1873
- Brown v. . FosterNew York Court of Appeals · 1888
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