Wakeham & Miller v. Roman Catholic Church of St. Paul
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Wakeham & Miller, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 14th day of April, 1911, upon the report of a referee dismissing the complaint on the merits.
1Opinion of the Court
Clarke, J.:
The complaint alleged the execution of an-agreement in writing whereby plaintiff undertook to build a church and rectory for defendant for $197,404.75; that plaintiff substantially performed the work and furnished the materials as the contract, drawings and specifications provided, “ excepting as the same were waived, changed, altered or modified by mutual consent of the respective parties, and as so changed, altered and modified, the plaintiff substantially performed the • said contract, and on or about the 31st day. of October, 1908, became entitled to the final payment of the…
2Cases cited6 opinions
- Weeks v. . O'BrienNew York Court of Appeals · 1894
- Ogden v. . AlexanderNew York Court of Appeals · 1893
- Ringle v. . Wallis Iron WorksNew York Court of Appeals · 1896
- Smith v. . WetmoreNew York Court of Appeals · 1901
- Fraenkel v. . FriedmannNew York Court of Appeals · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Borup v. Von KokeritzAppellate Division of the Supreme Court of the State of New York · 1914