Hayes v. Gross
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Simeon S. Gross, from a judgment of the Supreme Ooiirt in favor of the plaintiff, entered in the office of the" clerk of the county of Fulton on the 8th day of October, 1895, upon the report of a referee.
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Appeal by the defendant, Simeon S. Gross, from a judgment of the Supreme Ooiirt in favor of the plaintiff, entered in the office of the" clerk of the county of Fulton on the 8th day of October, 1895, upon the report of a referee. The action was to recover for labor performed and materials furnished by the plaintiff in the erection of a hotel building under a contract with the defendant, the owner thereof, which building after the plaintiff had nearly performed his contract was. destroyed by fire; also, for extra work done by the plaintiff thereon at the defendant’s request. The building was a…
1Opinion of the Court
Landon, J.:
When a builder agrees to erect and. complete an entire house, if the house is destroyed by fire before completion, the' builder can erect another, and if lie does not do so he is guilty of a breach of his contract. (Tompkins v. Dudley, 25 N. Y. 272.) But if a painter agrees to paint a certain house and the house is destroyed before, the painting is finished, it is impossible for him to complete his contract. If a néw house should be erected it would not be the house he had agreed to paint. Why should not the painter be paid for his- part performance?' It was no fault of his that…
2Cases cited12 opinions
- Dexter v. . NortonNew York Court of Appeals · 1871
- Wolfe v. . HowesNew York Court of Appeals · 1859
- Tompkins v. . DudleyNew York Court of Appeals · 1862
- Butterfield v. ByronMassachusetts Supreme Judicial Court · 1891
- Andrews v. . DurantNew York Court of Appeals · 1854
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Kinzer Construction Co. v. StateNew York Court of Claims · 1910
- Kafka v. LevensohnAppellate Terms of the Supreme Court of New York · 1896
- Ream v. BowersCourt of Appeals for the Second Circuit · 1927
- H. G. Vogel Co. v. ReinhardtAppellate Terms of the Supreme Court of New York · 1915
- Rhodes v. HindsAppellate Division of the Supreme Court of the State of New York · 1903
5 more not listed; retrieve them via the Exa API.