Fraenkel v. . Friedmann
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 2, 1909, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 2, 1909, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. Even if the plaintiff had failed to show substantial performance of his contract, yet, as the defendant, under the terms of article 5 of the contract, had served upon the plaintiff a written notice that the defendant would “ take possession for the purpose of…
1Opinion of the CourtChase, J.
This is an action to foreclose a mechanic’s lien. The plaintiff entered into a contract with the defendant to do certain work, and furnish certain materials, for which he was to be paid $1,050. There was a delay in carrying out the contract, and the time in which it was to be completed was twice extended by the defendant. The defendant claims that it was not then completed. The architect refused from time to time to give the plaintiff a certificate showing that he had partially completed his contract according to the terms thereof, and when the plaintiff asserted that he had fully completed…
2Cases cited7 opinions
- Van Clief v. . Van VechtenNew York Court of Appeals · 1892
- Richard Deeves & Son v. Manhattan Life InsuranceNew York Court of Appeals · 1909
- Weeks v. . O'BrienNew York Court of Appeals · 1894
- Ogden v. . AlexanderNew York Court of Appeals · 1893
- Ringle v. . Wallis Iron WorksNew York Court of Appeals · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Plowden & Roberts, Inc. v. ConwayDistrict Court of Appeal of Florida · 1966
- Rollin v. Grand Store Fixture Co.Appellate Division of the Supreme Court of the State of New York · 1930
- Herrmann Grace v. . HillmanNew York Court of Appeals · 1911
- Church of Immaculate Conception v. CurtisSupreme Court of Minnesota · 1915
- Dempsey v. Mount Sinai HospitalAppellate Division of the Supreme Court of the State of New York · 1919
12 more not listed; retrieve them via the Exa API.