Legal Opinion

McEntyre v. Tucker

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

Decided July 1, 1898PublishedCited by 7 opinions

Appeal by the defendant, Clarence Tucker, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Yew York on the 26th day of February, 1898, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 23d day of February, 1898, denying the defendant’s motion for a new trial made upon the-minutes.

1Opinion of the Court

McLaughlin, J.:

On the 24th of April, 1882, the parties to this action entered into a written contract by the terms of which the plaintiff agreed to erect for "the defendant two buildings for the sum of $9,000 ; and this action was brought to recover a balance alleged to be due under the contract and for extra work hot included therein. The complaint alleged the execution of the.contract and that the plaintiff had performed all the terms and conditions of • it on. his part to be performed ; and that, in each of the eases contemplated, the architect had certified, as provided in the contract,…

2Cases cited2 opinions

  1. La Chicotte v. Richmond Railway & Electric Co.Appellate Division of the Supreme Court of the State of New York · 1897
  2. MacKnight Flintic Stone Co. v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by7 opinions

  1. Bossert v. PoerschkeAppellate Division of the Supreme Court of the State of New York · 1900
  2. Robinson v. Chinese Charitable & Benevolent Ass'nAppellate Division of the Supreme Court of the State of New York · 1900
  3. Claflins, Inc. v. GerberAppellate Division of the Supreme Court of the State of New York · 1925
  4. Pfeil Construction Corp. v. MoleyNew York Supreme Court · 1958
  5. Bloch v. RemeliusCity of New York Municipal Court · 1899

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