Legal Opinion · Dissent

Reading Hardware Co. v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided December 11, 1908Published

Appeal by the defendants, John Peirce and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 11th day of May, 1908, upon the decision of the court rendered after a trial at the Hew York Special Term.

1Dissent

McLaughlin, J. (dissenting):

I dissent. A claim for liquidated damages must be enforced in its entirety of not at all. (Willis v. Webster, 1 App. Div. 301; Weeks v. Little, 89 N. Y. 566.) When the payment of some $4,000 was made to plaintiff in November, 1905, under the allegations of the counterclaim, which is for liquidated damages and nothing else, the liquidated damages had then accrued to such an amount that had they been deducted from the contract price the payment was in excess of the amount due ; and when the payment of $2,500 was made, after the work had been wholly completed, if the…

2Cases cited4 opinions

  1. Weeks v. . LittleNew York Court of Appeals · 1882
  2. Willis v. WebsterAppellate Division of the Supreme Court of the State of New York · 1896
  3. Ludlum v. . VailNew York Court of Appeals · 1901
  4. Smith v. VailAppellate Division of the Supreme Court of the State of New York · 1900

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