Doll v. . Noble
New York Court of Appeals
Appeal from a judgment of the General Term of the-Supreme Court in the first judicial department, entered upon an order made October 15, 1887, which affirmed a judgment •in favor of the plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the material facts are stated in the opinion.
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Appeal from a judgment of the General Term of the-Supreme Court in the first judicial department, entered upon an order made October 15, 1887, which affirmed a judgment •in favor of the plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the material facts are stated in the opinion. Where a contract provides that certain parties, agreed upon for the purpose, shall decide as to when a payment is earned, the parties to the contract must abide by that, and a jury will not be substituted to-mate the decision. Where there is no…
1Opinion of the CourtBrown, J.
This action was brought to recover a balance due upon a written contract, by which the plaintiffs were to do polishing, staining and rubbing on the wood work of two houses owned by the defendant, and also for certain extra work upon the same houses. The defendant denied that the contract had been performed by the plaintiffs, or that anything was due them from him.
The contract provided that the work was to be done £fc in the best workmanlike manner under the supervision of William Packard, superintendent, and to the entire satisfaction of William Noble, the party of the first part, owner.” The…
2Cases cited3 opinions
- United States v. RobesonSupreme Court of the United States · 1835
- Duplex Safety Boiler Co. v. . GardenNew York Court of Appeals · 1886
- Bowery National Bank v. Mayor of New YorkNew York Court of Appeals · 1875
3Cited by42 opinions
- Vought v. . WilliamsNew York Court of Appeals · 1890
- Gearty v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1902
- Crawford v. . Mail Express Publishing Co.New York Court of Appeals · 1900
- Electric Lighting Co. of Mobile v. Elder Bros.Supreme Court of Alabama · 1896
- Thomas v. New York & Greenwood Lake Railway Co.New York Court of Appeals · 1893
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