L'Hommedieu v. Winthrop
Appellate Division of the Supreme Court of the State of New York
. Appeal by the defendant, Robert Dudley Winthrop, from a judgment of the Supreme Court in favor of the plaintiffs, entered in ■the office of the clerk of the county of Nassau on the 28th day of March, 1900, upon the verdict of a jury, and also from an order ■entered in said clerk’s office on the 30th day of March, 1900, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Goodrich, P. J. :
The plaintiffs sue for a balance of $12,222.48, alleged to be due them on a written contract, dated July 27, 1897, for the erection by them of a dwelling house for the defendant at Westbury, Long Island. It -is conceded in the defendant’s brief that the contract was duly performed in all respects “ except the exterior stucco coat ;and the columns and ornamental work.”
The contract contained the following provisions, which I consider material to my expression of opinion :
“ 1st. The contractor shall and will well and sufficiently perform and finish in a thoroughly workmanlike…
2Cases cited4 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Crouch v. . GutmannNew York Court of Appeals · 1892
- Fitzgerald v. . MoranNew York Court of Appeals · 1894
- Lewis v. YagelNew York Supreme Court · 1894
3Cited by2 opinions
- Langley v. . RoussNew York Court of Appeals · 1906
- Fetterolf v. S. & L. Construction Co.Appellate Division of the Supreme Court of the State of New York · 1916