Haist v. Bell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Addie B. Bell, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 8th day of October, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 27tli day of ¡November, 1896, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Addie B. Bell, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 8th day of October, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 27tli day of ¡November, 1896, denying the defendant’s motion for a new trial made upon the minutes. Plaintiff is a builder and seeks to recover on a contract entered into with the defendant for the construction of a new dwelling house on her lot on Bouck avenue in Buffalo. Plaintiff did not complete the work, and…
1Opinion of the Court
Hardin, P. J.:
In Lewis v. Yagel (77 Hun, 337), in considering a building contract, the court held : “ The right of recovery will not be forfeited by reason of technical, inadvertent or unimportant omissions or defects, but where the defects are substantial and important, running through the whole work, and so essential that the purpose of the owner has not been accomplished, no recovery can be had under the contract.” Also : “ The person contracting for the erection of a building is entitled to have the contract at least fairly if not strictly performed, and the fact that the contractor…
2Cases cited4 opinions
- Van Clief v. . Van VechtenNew York Court of Appeals · 1892
- Lewis v. YagelNew York Supreme Court · 1894
- Picard v. LangAppellate Division of the Supreme Court of the State of New York · 1896
- Brigden v. OsmunNew York Supreme Court · 1895
3Cited by2 opinions
- Turk v. PageSupreme Court of Oklahoma · 1918
- Glaser v. MichelsonAppellate Terms of the Supreme Court of New York · 1904