Norton v. Fancher
New York Supreme Court
Appeal from special term, Erie county. Action by Ralph T.. Norton against Albert T. Fancher. From a judgment for plaintiff for a smaller sum than prayed for, and denying him costs, he appeals.
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Appeal from special term, Erie county. Action by Ralph T.. Norton against Albert T. Fancher. From a judgment for plaintiff for a smaller sum than prayed for, and denying him costs, he appeals. The action was brought to recover the balance alleged to be due upon a contract entered into between the parties, by the terms of which the plaintiff, for a consideration duly expressed, undertook to lay a quantity of tile, and to do certain filling and grading upon the defendant’s premises. There is no question but that the work was satisfactorily peí formed and the contract in all respects fulfilled…
1Opinion of the CourtAdams, J.
It is conceded by both parties that the contract which constitutes the subject-matter in this action was entire in its character. By its terms, the plaintiff was to perform certain work and accomplish certain results at a stipulated price. While the work was progressing, an- unavoidable accident occurred, and a considerable portion of the earth filling was washed away, without the fault of any one, in consequence of which it had to be replaced by ihe plaintiff. This, undoubtedly, proved a serious matter for the plaintiff, and put him to trouble and expense not contemplated by either himself…
2Cases cited9 opinions
- Harmony v. . BinghamNew York Court of Appeals · 1854
- Dexter v. . NortonNew York Court of Appeals · 1871
- Booth v. . Spuyten Duyvil Rolling Mill Co.New York Court of Appeals · 1875
- Tompkins v. . DudleyNew York Court of Appeals · 1862
- Stannard v. . HubbellNew York Court of Appeals · 1890
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3Cited by5 opinions
- Ex Parte PetersonSupreme Court of the United States · 1920
- Maryland Casualty Co. v. Board of Water Com'rs of City of DunkirkCourt of Appeals for the Second Circuit · 1933
- Beechwood Gun Club, Inc. v. City of BeaconNew York Supreme Court · 1933
- Galligan v. GalliganAppellate Division of the Supreme Court of the State of New York · 1902
- Galligan v. GalliganAppellate Division of the Supreme Court of the State of New York · 1902