Harley v. Mapes Reeves Construction Co.
New York Supreme Court
Action to foreclose a mechanic’s lien. The defendant, the Mapes Reeves Construction Company as party of the second part, and the defendant, the American Bonding & Trust Company as party of the third part, entered into a written contract with the defendant the board of education of the City of Hew York to do repairs and make additions to a school house for $44,800, payable in eleven installments as the work progressed.
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Action to foreclose a mechanic’s lien. The defendant, the Mapes Reeves Construction Company as party of the second part, and the defendant, the American Bonding & Trust Company as party of the third part, entered into a written contract with the defendant the board of education of the City of Hew York to do repairs and make additions to a school house for $44,800, payable in eleven installments as the work progressed. The said construction company is called principal and the bonding company surety therein, and both bind themselves together in. the same clause and words that the former will do…
1Opinion of the Court
Gaynor, J.:
After a careful reading of the agreed statement of facts and the other evidence I find as a matter of fact that when the contractor abandoned the .work the surety informed the board of education that it would go on with the work and complete the contract, and that thereupon it did so with the consent of the said board.
When the contractor abandoned the contract, viz., on November 13th, 1899, its surety had the right to take its place and carry out the contract. This was so by the terms of the contract; and also as a general proposition of law. The surety as a third party to the…
2Cases cited3 opinions
- Knapp v. SwaneyMichigan Supreme Court · 1885
- Weisman v. City of BuffaloNew York Supreme Court · 1890
- McChesney v. City of SyracuseNew York Supreme Court · 1894
3Cited by9 opinions
- Maneely v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- MacDonald, Etc. v. Calumet Supply Co.Indiana Supreme Court · 1939
- David Lupton's Sons Const. Co. v. Hugger Bros. Const.Supreme Court of Alabama · 1933
- Martin v. FlahiveAppellate Division of the Supreme Court of the State of New York · 1906
- Electric Transmission Co. v. Pennington Gap Bank, Inc.Supreme Court of Virginia · 1923
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