Van Orden v. MacRae
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, .Hugh MacRae, from a judgment off the Supreme.Court in favor of the plaintiff, entered in the office of the clerk of the county of Suffolk on the 28th day of November, 1905, upon the decision of the court rendered after a trial at the Suffolk Special Term.
1Opinion of the Court
Gaynor, J.:
The learned trial judge made a finding of fact of substantial, performance of the contract, by the-plaintiff,- but deducted from his recovery an-item of'$100 to pay for covering some hot water pipes with asbestos, the obligation tó do which was left uncertain by the words of the contract,-another of $100 to repair damage to some stucco caused by it being laid on brick that was too moist. There is a deduction of another item which does not enter into the question, of performance. The learned judge in doing so followed the law as it had been long laid down and followed in this state,…
2Cases cited2 opinions
- Glacius v. . BlackNew York Court of Appeals · 1872
- Rowe v. GerryAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by3 opinions
- Smith v. RussellAppellate Division of the Supreme Court of the State of New York · 1910
- North American Wall Paper Co. v. Jackson Construction Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Rochkind v. JacobsonAppellate Division of the Supreme Court of the State of New York · 1908