Langley v. . Rouss
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 16, 1905, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 16, 1905, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The plaintiff entered into a contract with the defendant’s testator in his lifetime by which the plaintiff agreed to per- form certain mason and carpenter work in the erection, alteration and extension of certain buildings on Broadway, in the city of New York. The contract lias been performed and the contract price fully paid. This action is brought to…
1Opinion of the CourtChase, J.
The architect was expressly made the agent of the owner for the purposes of the contract, but such agency, so far as it related to making alterations, or directing that extra work should be done, was limited as in the contract stated, to such orders as he should give in writing. The restrictions on the authority of the architect were for the protection of the owner. Where contracts including plans and specifications involve a great'amount of detail, and the merits of claims for alterations and extra work are difficult to determine and adjust after the work is completed, a provision requiring…
2Cases cited15 opinions
- Gearty v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1902
- Dunn v. . SteubingNew York Court of Appeals · 1890
- Horgan v. Mayor of New YorkNew York Court of Appeals · 1899
- O'Brien v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1893
- Messenger v. . City of BuffaloNew York Court of Appeals · 1860
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3Cited by32 opinions
- Faber v. . City of New YorkNew York Court of Appeals · 1918
- Hammaker v. SchleighCourt of Appeals of Maryland · 1929
- Kansas City Bridge Co. v. StateSouth Dakota Supreme Court · 1933
- Bannon v. JacksonTennessee Supreme Court · 1908
- State Highway Commission v. Green-Boots Const. Co.Supreme Court of Oklahoma · 1947
27 more not listed; retrieve them via the Exa API.