Woodruff v. Dickie
The Superior Court of New York City
Appeal from an order denying a motion made at special term, for leave to amend the answer. This action was brought to recover the last of several installments claimed to be due upon a contract for building a store, and also for extra work done thereon.
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Appeal from an order denying a motion made at special term, for leave to amend the answer. This action was brought to recover the last of several installments claimed to be due upon a contract for building a store, and also for extra work done thereon. The complaint set out the contract, which provided, among other things, that alterations or additions might be made, which were to be paid for; that the'building should be finished by the 1st of November, and in default a deduction of $60 a day might be made out of the last installment; that the work should be done according to the plans and…
1Dissent
Barbour, J. (dissenting.)
So far back as our knowledge extends, it has been the general practice and tendency of all common law courts to follow precedents and adhere to rules established by decisions. Ho sound jurist finds fault with this; for, although, as we all feel and know, erroneous decisions have, from time to time, been made and. followed, such general practice has, on the whole, worked beneficially, and has created and established the beautiful science of the law now contained in our books. Occasionally, however, it has been found that a strict adherance to technicalities and…
2Cases cited27 opinions
- Dash v. Van KleeckNew York Supreme Court · 1811
- Harrington v. SladeNew York Supreme Court · 1856
- Jackson ex dem. Woodruff v. GilchristNew York Supreme Court · 1818
- Williams v. PotterNew York Supreme Court · 1848
- Livingston v. HarrisNew York Court of Chancery · 1831
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