Legal Opinion

Kronan v. Weisberg

Appellate Division of the Supreme Court of the State of New York

Decided May 8, 1912Published

Appeal from Albany County Court. Action by Henry Kronan, Jr., against Bertha L. Weisberg, brought in the Albany City Court. From a judgment for plaintiff, affirmed by the County Court, defendant appeals. Affirmed.

1Opinion of the CourtJohn M. Kellogg, J.

The pleadings were evidently oral. The plaintiff “complains labor, nished under a contract with the defendant, claims $1,000.” The answer is a general denial, and the defendant demands a bill of particulars, which was furnished.

The work was, in fact, done under a contract which was to be completed on or before October 1st according to the specifications and drawings, and payment was only to be made upon the certificate of the architect. The work was completed December 17th. The architect’s certificate was not furnished. The evidence indicated that the certificate of the architect was withheld…

2Cases cited10 opinions

  1. Weeks v. . O'BrienNew York Court of Appeals · 1894
  2. Farron v. . SherwoodNew York Court of Appeals · 1858
  3. Goodman v. . AlexanderNew York Court of Appeals · 1901
  4. New York News Publishing Co. v. National Steamship Co.New York Court of Appeals · 1895
  5. Hatch v. . LeonardNew York Court of Appeals · 1901

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