Legal Opinion
Horn Waterproofing Corp. v. Bushwick Iron & Steel Co.
New York Court of Appeals
Decided October 17, 1985PublishedCited by 55 opinions
1Opinion of the Court
OPINION OF THE COURT
Jasen, J.
This appeal presents an issue of first impression: whether the common-law doctrine of accord and satisfaction has been superseded by operation of Uniform Commercial Code § 1-207 in situations involving the tender of a negotiable instrument as full payment of a disputed claim.
The relevant facts are uncomplicated. The parties entered into an oral agreement whereby plaintiff was to repair the leaking roof on defendant’s building. After two days work, plaintiff concluded that a new roof was needed and submitted a bill for work already done. Defendant disputed the…
2Cases cited35 opinions
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
- Hudson v. Yonkers Fruit Co.New York Court of Appeals · 1932
- Am Knitwear v. Exp.-Imp.New York Court of Appeals · 1976
- Schenectady Steel Co. v. Bruno Trimpoli General Construction Co.Appellate Division of the Supreme Court of the State of New York · 1974
- Schenectady Steel Co. v. Bruno Trimpoli General Construction Co.New York Court of Appeals · 1974
30 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Nelson v. Fire Insurance ExchangeAppellate Court of Illinois · 1987
- R.J. Betterton Management Services, Inc. v. WhittemoreCourt of Appeals of Tennessee · 1987
- John Grier Construction Co. v. Jones Welding & Repair, Inc.Supreme Court of Virginia · 1989
- AFC Interiors v. DiCelloOhio Supreme Court · 1989
- Anderson v. RosebrookSupreme Court of Colorado · 1987
50 more not listed; retrieve them via the Exa API.