Edward E. Buhler Co. v. New York Dock Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Vulcan Bail and Construction Company and another, and by the defendants, New York Dock Company and others, from various parts of a judgment of the Supreme Court in favor of the respondent, entered in the office of the clerk of the county of Kings on the 1st day of October, 1914, upon the decision of the court after a trial at the Kings County Special Term.
1Per curiam
A contractor abandoned his work and the owner completed pursuant to a clause in the contract permitting him to do so. Lienors, materialmen, assert liens to the extent of the difference between the cost of completion and the amount of the contract price unpaid when the liens were filed. They met the burden of proving the essential fact of that difference by the certificates of the owner’s architects certifying to the cost of completion. The owner does not complain of the competency of that evidence, and the lienors have no other foundation for their judgment. (Beecher v. Schuback, 1 App. Div.…
2Cases cited7 opinions
- Mosler Safe Co. v. Maiden Lane Safe Deposit Co.New York Court of Appeals · 1910
- Chapin v. Persse & Brooks Paper WorksSupreme Court of Connecticut · 1862
- Mahley v. . German BankNew York Court of Appeals · 1903
- Beecher v. SchubackAppellate Division of the Supreme Court of the State of New York · 1896
- Leske v. WolfAppellate Division of the Supreme Court of the State of New York · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Contelmo's Sand & Gravel, Inc. v. J & J Milano, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
- Huddleston v. NislarCourt of Appeals of Texas · 1934
- A & J Buyers, Inc. v. Johnson, Drake & Piper, Inc.New York Court of Appeals · 1969
- J. Watts Kearny & Sons v. PerrySupreme Court of Louisiana · 1932
- Village of Canton v. Globe Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1922
10 more not listed; retrieve them via the Exa API.