Welch v. Hubschmitt Building & Woodworking Co.
Supreme Court of New Jersey
On contract. On case certified from Passaic Circuit. The above-stated cause came on to be tried on Tuesday, the 12th day of January, 1897, before his honor Jonathan Dixon, judge of said Circuit Court, and a jury impaneled and sworn for that purpose.
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On contract. On case certified from Passaic Circuit. The above-stated cause came on to be tried on Tuesday, the 12th day of January, 1897, before his honor Jonathan Dixon, judge of said Circuit Court, and a jury impaneled and sworn for that purpose. The suit was brought upon a bond, a copy of which is found, hereto attached in Schedule A. The condition of said bond is that the said Hubsehmitt Building and "Woodworking Company shall well and truly perform all and every of the covenants and agreements mentioned in a certain building contract, according to the true intent and meaning thereof,…
1Opinion of the Court
*64The opinion of the court was delivered by
Van Sycicel, J.
This is a case certified by Mr. Justice Dixon under section 247 of the Practice act. Rev., p. 887.
The questions certified, and all the facts which are before this court relating to said case are contained in the certificate hereto annexed. The first question submitted to this court is whether the decisions of the architect, made during the progress of the work, that any portions of the workmanship or materials were not according to the drawings and specifications are final and conclusive. The fifth clause of the contract reads as…
2Cases cited8 opinions
- King v. BaldwinNew York Court of Chancery · 1817
- Ryan v. MortonTexas Supreme Court · 1886
- Simonson v. GrantSupreme Court of Minnesota · 1887
- Mayhew v. BoydCourt of Appeals of Maryland · 1853
- Chism v. SchipperSupreme Court of New Jersey · 1888
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3Cited by11 opinions
- Fidelity & Deposit Co. v. AgnewCourt of Appeals for the Third Circuit · 1907
- City of Elizabeth v. FitzgeraldCourt of Appeals for the Third Circuit · 1902
- J. R. Watkins Co. v. EakerNew Mexico Supreme Court · 1952
- Maine Central Railroad v. National Surety Co.Supreme Judicial Court of Maine · 1915
- Gerisch v. HeroldSupreme Court of New Jersey · 1912
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