Legal Opinion

Becker v. Woarms

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1902PublishedCited by 4 opinions

Semble (per Van Brunt, P. J., and Ingraham, J.), that in an action brought by a sub-contractor to recover for the breach of a contract by which he agreed to manufacture articles for use in a building in process of construction, which articles the architect appointed by the owner of the building has refused to accept, it is proper for the defendant, the principal contractor, to put in evidence his contract with the owner, providing that the work should be approved by the…

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Semble (per Van Brunt, P. J., and Ingraham, J.), that in an action brought by a sub-contractor to recover for the breach of a contract by which he agreed to manufacture articles for use in a building in process of construction, which articles the architect appointed by the owner of the building has refused to accept, it is proper for the defendant, the principal contractor, to put in evidence his contract with the owner, providing that the work should be approved by the architect, with express reference to which the sub-contract was made. Semble (per Van Brunt, P. J., and Ingraham, J.), that…

1Opinion of the Court

Ingraham, J.:

In this action the plaintiff seeks to recover from the defendants for the. damages sustained by breach of a contract. The complaint alleged that defendants entered into a written contract on -the 18th day of August, 1898, whereby they employed the plaintiff to manu*197facture, construct and set up certain metal fittings and partitions, chiefly of bronze, according to certain specifications attached to said contract, and according to certain plans referred to therein, in the Albany Savings Bank, to be erected on the southwest corner of Pearl street and Maiden lane, Albany, N. Y., and…

2Cases cited2 opinions

  1. Matter of WilkinsNew York Court of Appeals · 1902
  2. Sweet v. . MorrisonNew York Court of Appeals · 1889

3Cited by4 opinions

  1. Duffy Bros. v. Bing & Bing, Inc.Appellate Division of the Supreme Court of the State of New York · 1926
  2. Willson & Adams Co. v. Mack Paving & Construction Co.Appellate Division of the Supreme Court of the State of New York · 1911
  3. Woarms v. BeckerAppellate Division of the Supreme Court of the State of New York · 1903
  4. Untitled Texas Attorney General Opinion, Texas Attorney General Reports1961

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