Legal Opinion

Murphy v. United States Fidelity & Guaranty Co.

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1905PublishedCited by 13 opinions

■ Appeal by the defendant, The United States Fidelity and Guaranty Company, from a judgment of the Supreme-Court in favor of the plaintiff, entered, in the ,ofñc¿ of the clerk of the county of' Onondaga on the 29th day of December, 1903, upon the report of a referee." 1

1Opinion of the Court

Spring, J.:. On- the 10th day. of Augiist, 1901, the plaintiff entered into an agreement with the city of Syracuse to erect the Carnegie Library building in that city, The price to be paid was $1-33,897,. and the building was to be completed on or before November 1,1902. The contract contained a provision that in the event of the failure to complete the building at the stipulated- period, delay from inclement' weather, strikes, etc., excepted, the contractor should be charged with a per diem sum as damages to be fixed by the building- committee representing the city, in the construction of…

2Cases cited3 opinions

  1. Ward v. Hudson River Building Co.New York Court of Appeals · 1891
  2. Curtis v. . Van BerghNew York Court of Appeals · 1899
  3. Dunn v. MorgenthauAppellate Division of the Supreme Court of the State of New York · 1902

3Cited by13 opinions

  1. Moses v. AutuonoSupreme Court of Florida · 1908
  2. Continental Realty Corporation v. Andrew J. Crevolin Co.District Court, S.D. West Virginia · 1974
  3. Maryland Casualty Co. v. Board of Water Com'rs of City of DunkirkCourt of Appeals for the Second Circuit · 1933
  4. City of Elmira v. Larry Walter, Inc.New York Court of Appeals · 1990
  5. Rainier v. MastersOregon Supreme Court · 1916

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