Langworthy & Clark v. Smith
New York Supreme Court
Demurrer to pleadings. The declaration is in covenant „ n on articles oí agreement between the parties, bearing date the 20th September, 1825, by which the plaintiffs engaged to build for the defendants a bulk-head, in the East river, op,T ir , , , , posite the city of New-York, on property belonging to the defendants, in a certain manner; 1000 or 1200 feet to be completed by the 1st February, 1826, and the residue, if do ck logs could be procured, by the 1st August, 1826,…
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Demurrer to pleadings. The declaration is in covenant „ n on articles oí agreement between the parties, bearing date the 20th September, 1825, by which the plaintiffs engaged to build for the defendants a bulk-head, in the East river, op,T ir , , , , posite the city of New-York, on property belonging to the defendants, in a certain manner; 1000 or 1200 feet to be completed by the 1st February, 1826, and the residue, if do ck logs could be procured, by the 1st August, 1826, Under a penalty of $5000. The defendants covenanted to pay to the plaintiffs five cents per cubical foot whenever and as…
1Opinion of the Court
By the Court, Savage, C. J.
This cause comes before the court upon a demurrer to the several counts in the declaration. The action is founded on a contract under seal, by which the plaintiffs covenanted to erect a certain bulk head in the east river, to be completed by a certain day; and the defendants covenanted to- pay, &c. In two of the counts the plaintiffs do not even aver performance by the day mentioned. In the other two, they offer as an excuse for not performing by the day, an enlargement of the time by the defendants.
There can be no doubt that a paroi enlargement of the time set in a…
2Cited by25 opinions
- Hastings v. LovejoyMassachusetts Supreme Judicial Court · 1885
- Keating v. PriceNew York Supreme Court · 1799
- Herzog v. SawyerCourt of Appeals of Maryland · 1884
- French v. NewNew York Supreme Court · 1855
- Marsh v. BellewWisconsin Supreme Court · 1878
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