Niblo v. Binsse
New York Court of Appeals
■ The action was brought by the plaintiff, as assignee of Anthony E. Hitchings, to recover for work done and materials furnished under a contract with John La Barge, the defendant’s testator.
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■ The action was brought by the plaintiff, as assignee of Anthony E. Hitchings, to recover for work done and materials furnished under a contract with John La Barge, the defendant’s testator. The contract was dated April 14, 1853, and by it the said Hitchings agreed to furnish and put into a certain building then béing built by the testator in the city of New York, known as the La' Barge House and Metropolitan Hall, certain steam works, pipes and coils, for heating the rooms and CQnvewiiiHfoLimd^ to different parte, of thejbuilding. The work, by the terms of the contract, was to be "completed…
1Opinion of the CourtJohnson, J.
It was held, both by the referee and the\ Supreme Court at General Term, that the plaintiff was not entitled to recover merely because the work was not finished and the job completed at the time the building upon which the work was being done was destroyed by fire. To my mind, this is a very plain case in favor of the plaintiff. The decision, very properly, was not put upon the ground that the work was not completed within the time specified in the agreement, but upon the naked ground that the contractor, having failed to do all the work he had contracted to do, *478could not maintain the action.…
2Cases cited1 opinion
- Smith v. . BradyNew York Court of Appeals · 1858
3Cited by17 opinions
- Dolan v. . RodgersNew York Court of Appeals · 1896
- McCreery v. GreenMichigan Supreme Court · 1878
- Cook v. McCabeWisconsin Supreme Court · 1881
- Kingsley v. . City of BrooklynNew York Court of Appeals · 1879
- Young v. City of ChicopeeMassachusetts Supreme Judicial Court · 1904
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