Stewart v. . Newbury
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 21, 1914, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The contract was an entire one. There is no suggestion that the plaintiff ever fully performed this contract, and until he did he was not entitled to any payment.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 21, 1914, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The contract was an entire one. There is no suggestion that the plaintiff ever fully performed this contract, and until he did he was not entitled to any payment. (Smith v. Brady, 17 N. Y. 173; Catlin v. Tobias, 26 N. Y. 217; People ex rel. Cossey v. Grout, 179 N. Y. 417; M’Millan v. Vanderlip, 12…
1Opinion of the CourtCrane, J.
The defendants are partners in the pipe fitting business under the name of Newbury Manufacturing Company.
The plaintiff is a contractor and builder residing at Tuxedo, N. Y.
The parties had the following correspondence about the erection for the defendants of a concrete mill building at Monroe, N. Y.
“Alexander Stewart,
“ Contractor and Builder,
“ Tuxedo, N. Y., July 18th, 1911.
“ Newbury Meg. Company,
“ Monroe, N. Y.:
“ Gentlemen.—With reference to the proposed work on the new foundry building I had hoped to be able to get up and see you this afternoon, but find that impossible and am, in…
2Cases cited15 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Ming v. . CorbinNew York Court of Appeals · 1894
- Catlin v. . TobiasNew York Court of Appeals · 1863
- Condran v. . Park TilfordNew York Court of Appeals · 1915
- Friedman v. SchleuterSupreme Court of Arkansas · 1912
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3Cited by16 opinions
- MACCIA EX REL. MACCIA v. TynesNew Jersey Superior Court Appellate Division · 1956
- In Re East Bay Etc. Water Bonds of 1925California Supreme Court · 1925
- Bredouw v. JonesSupreme Court of Oklahoma · 1967
- Gilloley v. SampsonSupreme Court of Minnesota · 1938
- Steel Storage & Elevator Construction Co. v. F. W. StockNew York Court of Appeals · 1919
11 more not listed; retrieve them via the Exa API.