Easthampton Lumber & Coal Co. v. Worthington
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 20, 1905, affirming a judgment in favor of plaintiff entered upon a decision of the court ou trial at Special Term. The nature of the action, and the facts,' so far- as material, are stated in the opinion. The builder, plaintiff’s assignor, did not substantially perform his contract, and build the house according to the plans and specifications.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 20, 1905, affirming a judgment in favor of plaintiff entered upon a decision of the court ou trial at Special Term. The nature of the action, and the facts,' so far- as material, are stated in the opinion. The builder, plaintiff’s assignor, did not substantially perform his contract, and build the house according to the plans and specifications. (Smith v. Brady, 17 N. Y. 173 ; Nolan v. Whitney, 88. N. Y. 648; Crouch v. Gutman, 131 N. Y. 45; Spence v. Ham, 27 App. Div. 379 ;…
1Opinion of the CourtVann, J.
This action was brought to foreclose a mechanic’s lien filed by the contractor to secure payment of a balance alleged to be due upon the contract price and for extra work, in erecting a dwelling house for the defendant in the town of Easthampton, county of Suffolk. The trial court directed judgment for the plaintiff, the assignee of the contractor, for. the entire amount claimed, and while the findings were in the short form it was found specifically “ that there was a substantial performance of the contract by the contractor.” The Appellate Division affirmed, hut by a divided vote. The…
2Cases cited4 opinions
- Spence v. . HamNew York Court of Appeals · 1900
- Crouch v. . GutmannNew York Court of Appeals · 1892
- Spence v. HamAppellate Division of the Supreme Court of the State of New York · 1898
- Schultze v. . GoodsteinNew York Court of Appeals · 1905
3Cited by7 opinions
- Jacob & Youngs, Inc. v. KentNew York Court of Appeals · 1921
- Antonoff v. BassoMichigan Supreme Court · 1956
- State Ex Rel. West Virginia Truck Stops, Inc. v. McHughWest Virginia Supreme Court · 1977
- Gersmann v. WalpoleAppellate Terms of the Supreme Court of New York · 1913
- Cohen v. EggersAppellate Division of the Supreme Court of the State of New York · 1927
2 more not listed; retrieve them via the Exa API.