Asbestos Plastering Co. v. Norcross Bros.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by the Asbestos Plastering Company against the Norcross Bros. Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtCohalan, J.
Plaintiff, a subcontractor, sues the defendant, a general contractor, to recover a balance upon a written contract, by the terms of which it was to do lathing, plastering, and stucco work, for the residence of one Whittal at Shrewsbury, in the state of Massachusetts. The complaint alleged full and complete performance by the. plaintiff.
*682The defendant asserts that there was neither a performance nor a substantial performance of the terms of the contract, and even if it had been shown that there was a substantial performance there was no proof of the cost of remedying the obvious defects and the…
2Cases cited6 opinions
- Van Clief v. . Van VechtenNew York Court of Appeals · 1892
- Spence v. . HamNew York Court of Appeals · 1900
- Spence v. HamAppellate Division of the Supreme Court of the State of New York · 1898
- King v. DormanAppellate Terms of the Supreme Court of New York · 1899
- Bergman v. NeidhardtAppellate Terms of the Supreme Court of New York · 1902
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