Smith v. . Brady
New York Court of Appeals
Appeal from the Supreme Court. The complaint was for work done and materials furnished upon the land of the defendant, at his request, to the value of $2295. 60. The answer averred that the work done and materials furnished, with the exception of $295.60 charged for extra work and materials, were furnished and done under two agreements therefor, executed by the parties under seal. These were set out in the answer.
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Appeal from the Supreme Court. The complaint was for work done and materials furnished upon the land of the defendant, at his request, to the value of $2295. 60. The answer averred that the work done and materials furnished, with the exception of $295.60 charged for extra work and materials, were furnished and done under two agreements therefor, executed by the parties under seal. These were set out in the answer. By them the plaintiff agreed with the defendant to furnish materials and construct for him and upon his land, three cottages with out-houses and fences. The work was to be done in…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Assuming that the contracts had been so far performed as to justify the plaintiff in treating them as substantially executed, as I am inclined to think they were, yet the final payment for the work was to be made when it was completed and a certificate of the architects to that effect obtained. The parties have seen fit to make the production of such a certificate a condition precedent to the payment. The plaintiff is as much bound by this part of his contract…
2Cases cited1 opinion
- United States v. RobesonSupreme Court of the United States · 1835
3Cited by150 opinions
- Zottman v. City & County of San FranciscoCalifornia Supreme Court · 1862
- Van Clief v. . Van VechtenNew York Court of Appeals · 1892
- Glacius v. . BlackNew York Court of Appeals · 1872
- President of Delaware & Hudson Canal Co. v. Pennsylvania Coal Co.New York Court of Appeals · 1872
- Bowen v. KimbellMassachusetts Supreme Judicial Court · 1909
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