National Contracting Co. v. Hudson River Water Power Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the National Contracting Company, from a judgment of the Supreme Court in favor of the defendant, entered.in the office of the cleric of. the county of New York upon the report-of a referee, dismissing the complaint and awarding the sum of $386,185.07 upon the counterclaim.
1Opinion of the Court
Clarke, J.:
The action was brought to recover damages' for the defendant’s alleged breach of contract for the construction of a dam and power plant upon the Hudson river, in the counties of Saratoga and Warren, at a place known as Spier Falls. The defendant, claiming that the breach of contract had been by the plaintiff, pleaded as a counterclaim its damages resulting from said breach.
Upon a former trial the plaintiff recovered a judgment for the ' sum of $554,680.43. Upon appeal to this court said judgment was reversed and a new trial ordered before another referee. (110 App. Div. 13,3.)
The…
2Cases cited1 opinion
- Peace v. McAdooAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by6 opinions
- Moses v. AutuonoSupreme Court of Florida · 1908
- Bacigalupi v. Phoenix Building & Construction Co.California Court of Appeal · 1910
- Six Companies of California v. Joint Highway Dist. No. 13Court of Appeals for the Ninth Circuit · 1940
- Smith Sand & Gravel Co. v. CorbinWashington Supreme Court · 1918
- Gay v. Hudson River Electric Power Co.U.S. Circuit Court for the District of Northern New York · 1911
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