Tilden v. Buffalo Office Building Co.
Appellate Division of the Supreme Court of the State of New York
Appeal- by the defendant, The Buffalo Office Building Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Erie on the 21st day of May, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 5th day of May, 1896, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Adams, J.:
On the 26th of April, 1893, the plaintiff, who is a contractor, entered into , a written contract with one John H. Smith to erect a . large office building in the city of Buffalo. By the terms of this contract the building was to be completed by the 10th day of April, 1894, and the price to be paid therefor was $124,000.
In the month of August following the execution of the contract the defendant was duly substituted as a party thereto in the place of Smith, who was at that time the defendant’s president, and this action is brought to recover a balance of $3,117.45, which it is .…
2Cases cited4 opinions
- Smith v. . AlkerNew York Court of Appeals · 1886
- Wyckoff v. . MeyersNew York Court of Appeals · 1870
- Snaith v. SmithNew York Court of Common Pleas · 1894
- Duell v. McCrawNew York Supreme Court · 1895
3Cited by3 opinions
- Collins v. RamishCalifornia Supreme Court · 1920
- Bell v. FoxAppellate Division of the Supreme Court of the State of New York · 1908
- Vacuum Cleaner Co. v. Broadway Cortlandt Co.Appellate Terms of the Supreme Court of New York · 1912