Thomas W. Finucane Co. v. Board of Education
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 3, 1906, modifying and affirming as modified a judgment in favor of plaintiff entered, upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 3, 1906, modifying and affirming as modified a judgment in favor of plaintiff entered, upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff was entirely within its rights in purchasing material for the flooring in the south as long as it conformed to the specifications, and as long as it was not forbidden so to do by the specifications. To say that the defendant can take advantage of plaintiff’s…
1Opinion of the CourtChase, J.
The plaintiff entered into a contract with the defendant to erect the “East High School” in the city of Rochester, not including excavations and foundations therefor. After (as claimed by the plaintiff) the contract had been performed and the building completed a controversy arose between the parties as to the amount to be paid to the plaintiff in settlement of its demands. The plaintiff brought this action alleging a balance due it of $18,500 on the stipulated contract price ; $3,072.74 for certain alterations in the work and $30,739 damages under paragraph 18 of the contract, which we will…
2Cases cited1 opinion
- People Ex Rel. Union Insurance Co. of Philadelphia v. NashNew York Court of Appeals · 1888
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- In Re the Arbitration of Certain Differences Between Lummus Co. & Commonwealth Oil Refining Co.District Court, S.D. New York · 1961
- Beatty v. Employers' Liability Assurance Corp.Supreme Court of Vermont · 1933
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