Woodward v. . Fuller
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action, and the facts, appear sufficiently in the opinion. Full performance was a condition precedent to the plaintiff’s right to demand any portion of the price.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action, and the facts, appear sufficiently in the opinion. Full performance was a condition precedent to the plaintiff’s right to demand any portion of the price. (Pullman v. Corning, 9 N. Y., 93; Smith v. Brady, 17 id., 173; Walker v. Millard, 29 id., 375; Phillip v. Gallant, 62 id., 264; Glacius v. Black, 50 id., 145; Sinclair v. Talmadge, 35 Barb., 602.) The defects, hot being slight, trivial or…
1Opinion of the Court
Per'Gwriam.
This is an action to recover the unpaid
part of the price agreed upon in a builder’s contract for the altering of a dwelling-house, and the price agreed upon in another contract for building a piazza thereto, and the value of work done not named in those contracts. Part of the compensation reserved by the principal contract was to be made as the work progressed under it, in board of plaintiff and his workmen, aiid fodder for his horse. Part of the compensation in money—which was $550 in all—was to be paid as the work progressed or when it was done. That part was $200 or $300. Part…
2Cases cited5 opinions
- Sinclair v. TallmadgeNew York Supreme Court · 1861
- Glacius v. . BlackNew York Court of Appeals · 1876
- Walker v. . MillardNew York Court of Appeals · 1864
- Johnson v. . De PeysterNew York Court of Appeals · 1872
- Pullman v. . CorningNew York Court of Appeals · 1853
3Cited by77 opinions
- Jacob & Youngs, Inc. v. KentNew York Court of Appeals · 1921
- Van Clief v. . Van VechtenNew York Court of Appeals · 1892
- Spence v. . HamNew York Court of Appeals · 1900
- Heckmann v. . PinkneyNew York Court of Appeals · 1880
- Bowen v. KimbellMassachusetts Supreme Judicial Court · 1909
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