Mackinson v. Conlon
Supreme Court of New Jersey
On error. The plaintiff contracted with the defendant, under seal, to do the mason work of a certain building, under the direction and to the satisfaction of J. O’R., an architect, to be testified by a writing or certificate under his hand; and the defendant contracted • to pay the plaintiff therefor as follows: $1,000 when the buildiug was enclosed, $800 when the plastering was finished and $600 when the contract was finished, provided that, in each of said cases, a…
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On error. The plaintiff contracted with the defendant, under seal, to do the mason work of a certain building, under the direction and to the satisfaction of J. O’R., an architect, to be testified by a writing or certificate under his hand; and the defendant contracted • to pay the plaintiff therefor as follows: $1,000 when the buildiug was enclosed, $800 when the plastering was finished and $600 when the contract was finished, provided that, in each of said cases, a certificate should be obtained, signed by said architect. The first two payments having been duly made, the plaintiff brought…
1Opinion of the Court
The opinion of the court was delivered by
Dixon, J.
"We think that the charge of the learned judge gave undue effect to the certificate of June 4th. The contract authorized the architect to certify only when the several payments specified were due, and this certificate was not of that character. It therefore could derive no validity from the contract. Its force must be gathered from other acts of the parties respecting it. The plaintiff never accepted or acquiesced in it, but at all times repudiated it. The defendant’s letters and check clearly show that he did not assent to its taking the…
2Cited by4 opinions
- Feeney v. BardsleySupreme Court of New Jersey · 1901
- Bradner v. RoffsellSupreme Court of New Jersey · 1894
- Landstra v. BunnSupreme Court of New Jersey · 1911
- T. Foster Callahan, Inc. v. Commissioners of Sewerage, District Number OneSupreme Court of New Jersey · 1926