A. D. Granger Co. v. Brown-Ketcham Iron Works
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 1, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 1, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The contract made the presentation of the architect’s certificate a condition precedent to payment, and the architect’s certificate which was received was not competent evidence of the performance of such condition. (Thomas v. Scutt, 127 N. Y. 133; Ruse v. M. B. Life Ins. Co., 23 N. Y. 516; Wilson v. Deen, 74 N. Y.…
1Opinion of the CourtWillard Bartlett, J.
This suit was brought to recover a balance alleged to be due under a contract in writing whereby the plaintiff corporation agreed to sell and deliver and the defendant corporation agreed to purchase and receive certain vault linings to be placed in the Essex county court house at Newark, New Jersey. There is some dispute as to whether the contract was embodied in a single letter or in a series of letters, but’ whichever be the fact, it is clear that it contained this provision: “ Terms, net cash. Immediate payment after written acceptance by the Architect.” The architect thus referred to was…
2Cases cited1 opinion
- Weeks v. . O'BrienNew York Court of Appeals · 1894
3Cited by5 opinions
- In Re the Arbitration Between El Hoss Engineering & Transport Co. & American Independent Oil Co.District Court, S.D. New York · 1960
- Stokes Brothers, Inc. v. DrefsAppellate Division of the Supreme Court of the State of New York · 1935
- Kronau v. WeisburgAppellate Division of the Supreme Court of the State of New York · 1912
- Link Realty & Construction Co. v. Public Construction Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Kronan v. WeisbergAppellate Division of the Supreme Court of the State of New York · 1912