MacKnight Flintic Stone Co. v. Mayor of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 14, 1898, affirming a judgment in favor of defendant entered upon a dismissal of the complaint upon the merits at a Trial Term. This action was brought to recover moneys alleged to be due under a contract between the plaintiff and defendant, and also to recover for the performance of work in connection therewith at an increased cost.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 14, 1898, affirming a judgment in favor of defendant entered upon a dismissal of the complaint upon the merits at a Trial Term. This action was brought to recover moneys alleged to be due under a contract between the plaintiff and defendant, and also to recover for the performance of work in connection therewith at an increased cost. In October, 1894, the defendant entered into a contract with one Murphy by which the latter agreed to erect a court house and prison for the use…
1Opinion of the CourtVann, J.
The main question presented for decision is whether the plaintiff can recover without making the floor of the boiler room absolutely water proof, even if it has conformed in every respect to the plan and specifications ? The plaintiff insists that it has fully performed the contract, because it has furnished all the materials of the quality required, and has done all the work called for by the plan and specifications, while the defendant insists that performance is not complete because the plaintiff warranted that the plan and specifications when carried into effect would result in a…
2Cases cited11 opinions
- Kellogg Bridge Co. v. HamiltonSupreme Court of the United States · 1884
- Hoe v. . SanbornNew York Court of Appeals · 1860
- Bentley v. StateWisconsin Supreme Court · 1889
- Bowery National Bank v. Mayor of New YorkNew York Court of Appeals · 1875
- Bancroft v. San Francisco Tool Co.California Supreme Court · 1898
6 more not listed; retrieve them via the Exa API.
3Cited by89 opinions
- United States v. SpearinSupreme Court of the United States · 1918
- County of Westchester v. Welton Becket AssociatesAppellate Division of the Supreme Court of the State of New York · 1984
- St. Joseph Hospital v. Corbetta Construction Co.Appellate Court of Illinois · 1974
- Cameron-Hawn Realty Co. v. . City of AlbanyNew York Court of Appeals · 1913
- Savin Brothers, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1978
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