Reed v. Board of Education
New York Court of Appeals
George Fred Eeed sued the Board of Education of the City of Brooklyn, in the supreme court, for compensation under a special contract for work and materials in erecting a schoolhouse, to be paid for’ 'in divers sums as the work should progress, and the last sum to be paid when the work was finished, and approved by a certificate of a committee.
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George Fred Eeed sued the Board of Education of the City of Brooklyn, in the supreme court, for compensation under a special contract for work and materials in erecting a schoolhouse, to be paid for’ 'in divers sums as the work should progress, and the last sum to be paid when the work was finished, and approved by a certificate of a committee. The whole contract price was a little less than three thousand dollars, the last payment was to be four hundred and twenty-one dollars. The work was completed, except one sink, which was not in accordance with the specifications and not satisfactory to…
1Opinion of the Court
By the Court.
Peckham, J.
Upon the findings of fact by the referee, there seems to be very little ground for an allegation of error in this case. It is insisted that the building was accepted, even if it were not completed according to the contract. Ho such fact is found, nor was the referee required so to find. If necessary to support the judgment, »we are probably bound to presume that he found the other way, in accordance with his judgment. Grant v. Morse, 22 N. Y. 323.
If the contractor has neglected, and refuses, to complete his contract in a material point, it does not follow that the…
2Cases cited1 opinion
- Grant v. . MorseNew York Court of Appeals · 1860
3Cited by1 opinion
- Taylor v. ThwingAppellate Terms of the Supreme Court of New York · 1897