Clark v. Mt. Gilead Baptist Church
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Joseph Clark and another against the Mt. Gilead Baptist Church and another. From a judgment dismissing the complaint, and an order denying new trial, plaintiffs appeals. Reversed and remanded.
1Opinion of the CourtGuy, J.
This action was brought to recover the reasonable value of work performed and materials furnished, and for damages suffered by reason of defendants breach of contract. Plaintiffs entered into a written contract with defendants for the construction of a building, which contract provided for payment to plaintiffs of a first installment of $1,000 oil August 23, 1915, “when the excavation is done, the concrete installed, and the foundation wall built up to the grade.” Plaintiffs introduced evidence to the effect that all of the work required by the contract to be finished prior to the payment of…
2Cases cited5 opinions
- President of Delaware & Hudson Canal Co. v. Pennsylvania Coal Co.New York Court of Appeals · 1872
- National Contracting Co. v. Hudson River Water Power Co.New York Court of Appeals · 1908
- Smith v. . AlkerNew York Court of Appeals · 1886
- Seward v. . City of RochesterNew York Court of Appeals · 1888
- Van Note v. CookAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by2 opinions
- California Trucking Association v. Brotherhood of Teamsters & Auto Truck Drivers, Local 70, Granny Goose Foods, Inc. v. Brotherhood of Teamsters & Auto Truck Drivers, Local 70Court of Appeals for the Ninth Circuit · 1982
- California Trucking Ass'n v. Brotherhood of Teamsters & Auto Truck DriversCourt of Appeals for the Ninth Circuit · 1981